Notice Type
Departmental
Notice Title

Instrument Amending Ministerial Welfare Programmes (No. 2) 2008

Pursuant to section 124(1)(d) of the Social Security Act 1964, the Minister for Social Development and Employment makes the following instrument.
Dated at Wellington this 30th day of September 2008.
RUTH DYSON, Minister for Social Development and Employment.
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I n s t r u m e n t
1. Title—This instrument is the Instrument Amending Ministerial Welfare Programmes (No. 2) 2008.
2. Commencement—This instrument comes into effect
on 3 November 2008.
3. Welfare programmes amended—The welfare programmes set out in the Schedule are amended in the manner set out in that Schedule.
Schedule
Clause 3
Welfare programmes amended
Home Help Programme (as established and approved
on 6 May 2004).
Clause 4(1)
Revoke paragraphs (l) to (o) of the definition of cash assets and substitute the following paragraphs:
“(l) for the period of 12 months after it is made, any payment of the kind referred to in Regulation 10(1)(f) to (h) or (j) to (k) of the Social Security (Long-term Residential Care) Regulations 2005:
“(m) any item to which Regulation 5(1) of the Social Security (Income and Cash Assets Exemptions: Superannuation Schemes) Regulations 2008 (SR 2008/68)* for the time being applies in accordance with Regulation 5(3) of those Regulations”.
Clause 7(1)
Revoke paragraph (a)(ii) and substitute:
“(ii) the applicant or the applicant’s spouse or partner would be eligible for a community services card under the Health Entitlement Cards Regulations 1993 but for,—
“(A) for a period of 12 months after the payment is made, the receipt of a payment of the kind specified in paragraph (l) of the definition of cash assets in clause 4(1); or
“(B) an item specified in paragraph (m) of that definition; and”.
Away from Home Allowance Welfare Programme
(as established and approved on 19 January 1998).
Clause 5
Revoke clause 5.1.3 and substitute the following clause:
“5.1.3 either—
“(a) the applicant is eligible for a family tax credit under the Income Tax Act 2007 in respect of the young person (whether or not the applicant is receiving any family tax credit); or
“(b) the applicant would be eligible for a family
tax credit under the Income Tax Act 2007 in respect of the young person but for the receipt of a payment of the kind referred to in Regulation 10(1)(f) to (h) or (j) to (k) of the Social Security (Long-term Residential Care) Regulations 2005; and”.
Insert the following clause after clause 5.1:
“5.1A Clause 5.1.3(b) applies only for a period of
12 months after the payment concerned is made.”.
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Explanatory Note
This note is not part of the instrument but is intended to explain its general effect.
This instrument, which comes into effect on 3 November 2008, amends two ministerial welfare programmes under the Social Security Act 1964, the Home Help Programme and the Away from Home Allowance Programme, to exempt certain payments from affecting a person’s eligibility to assistance under those programmes. These programmes concerned link eligibility for assistance to eligibility for the community services card or the family tax credit, which may be affected by the payments made.
The new exemptions apply to compensation and ex gratia payments made by the Crown to a person in recognition
of harm or in respect of a claim of harm and to
specified payments made to a person by the Viet Nam Veterans and Their Families Trust. The exemptions are limited to 12 months from the date of payment.
The instrument also updates references to family support under the Income Tax Act 2004 to the family tax credit under the Income Tax Act 2007.
*New Zealand Gazette, 20 March 2008, No. 63, page 1829