Notice Type
Departmental
Notice Title

Special Needs Grants Amendment 2010

Pursuant to section 124(1)(d) of the Social Security Act 1964, the Minister for Social Development and Employment, by this instrument, makes the following amendments to the Special Needs Grants Programme
(as established and approved on 18 December 1998*).
Dated at Wellington this 10th day of May 2010.
HON PAULA BENNETT, 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 Special Needs Grants Amendment 2010.
2. Commencement-This instrument comes into effect on 1 July 2010.
3. Programme amended-This instrument amends the Special Needs Grants Programme*.
4. New clause 15E inserted-The following clause is inserted after clause 15D:
"15E Victims of people trafficking
15E.1 This clause applies to an applicant who is in
New Zealand as a victim of people trafficking.
15E.2 The chief executive may, in his or her
discretion, and subject to such conditions as
the chief executive thinks fit to impose, make non-recoverable weekly grants to an applicant
to whom clause 15E.1 applies if satisfied that
the applicant and his or her family (if any) are in hardship.
15E.3 Grants under clause 15E.2 may be made commencing not earlier than the date of application for the grant until the earliest
of the following events:
(a) the applicant is lawfully able to work in
New Zealand and obtains employment suitable and sufficient to support himself
or herself and his or her family (if any);
(b) the applicant is granted a residence permit under the Immigration Act 1987;
(c) the applicant leaves New Zealand.
15E.4 The amount of a weekly grant under clause 15E.2 is in the discretion of the chief executive but must not exceed the amount of benefit that would be payable to the applicant if the applicant were granted an emergency benefit and accommodation supplement under the Act.
15E.5 Clause 6 does not apply to grants under clause 15E.2 and clause 4 has effect in regard to an applicant to whom clause 15E.1 applies as if it did not include reference to section 74A.
15E.6 In this clause and clauses 15E.1 to 15E.5,-
"constable has the same meaning as in the Policing Act 2008.
"family, in relation to a victim of people trafficking, means his or her spouse or partner and any dependent children who reside with him or her (being in each case a spouse or partner or child who is also a victim of people trafficking).
"victim of people trafficking means a person:
(a) whom a constable believes, after investigation, is a victim of an offence under section 98D of the Crimes Act 1961 whether or not any person has been charged with or convicted of an offence under that section; and
(b) in respect of whom the constable has given a certificate as to that belief."
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Explanatory Note
This note is not part of the instrument, but is intended to indicate its general effect.
This instrument, which amends the Special Needs Grants Programme*, comes into effect on 1 July 2010 and provides for discretionary financial assistance to persons who are in New Zealand as victims of people trafficking.
*New Zealand Gazette, 28 January 1999, No. 8, page 202