Pursuant to sections 5 and 124(1)(d) of the Social Security Act 1964, the Minister for Social Development and Employment makes the following instrument amending the Ministerial directions and welfare programmes set out in
the Schedule.
Dated this 29th day of August 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 Instrument Amending Ministerial Direction and Welfare Programmes (No. 2) 2010.
2. Commencement-This instrument comes into effect on 27 September 2010.
3. Amendments relating to the enactment of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010-The Ministerial direction and welfare programmes set out in the Schedule are amended in the manner set out in that Schedule.
Schedule
Clause 3
Ministerial Direction and Welfare Programmes amended
Course Participation Assistance Programme
(as established and approved on 6 December 2006)1
Clause 4(1), definition of service plan
Omit and substitute:
"service plan means a plan made in accordance with the applicant’s-
(a) work test obligations under section 102A(1)(f) of the Act; or
(b) employment planning obligations under section 60Q(1) of the Act; or
(c) obligations under section 60GAB(2)(a) or (b) or section 60GAB(3) of the Act; or
(d) a plan that the chief executive determines is analogous to either (a), (b) or (c)".
Direction on Advance Payment of Benefits
(given on 25 May 1999)2
Clause 7.2.1(a)
Insert "or section 102A(1)(f) of the Act" after "agreement".
Insert ", activity of a kind referred to in section 102A(1)(f) of the Act," after "job seeker development activity".
Clause 7.2.5
Revoke and substitute:
"7.2.5 In clause 7.2-
job seeker agreement means a job seeker agreement continued in force by section 37(1) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010
job seeker development activity means a job seeker development activity continued in force by section 37(2) of that Act."
Recoverable Assistance Programme
(as established and approved on 17 June 1996)
Clause 12A.2.2(a)
Omit "Organised Activity" and substitute "activity of a kind that a work-tested beneficiary could be required to participate in or undertake under section 102A(1)(f) of the Act".
Recoverable Assistance for Study Costs Programme
(as established and approved on 17 December 2009)3
Clause 7(1)(a)
Omit "personal development and".
Special Needs Grant Programme
(as established and approved on 18 December 1998)4
Clause 3.1, definition of non-entitlement period
Omit "115, or 116" and substitute "or 117".
Clause 9.11
Insert "under" after "reduced".
Definitions following clause 11.8.3
Omit "job seeker development activity, Social Security Act 1964, s 88A".
Clause 17.3.1(d)
Omit "an independent youth benefit,".
Clause 17.3.1(d)(ii)
Omit "in writing".
Clause 17.3.1(d)(ii)(B)
Omit and substitute:
"(B) the chief executive proposes participation in an activity of a kind referred to in section 102A(1)(f) of the Act approved for the purposes of section 123B of the Act."
Clause 17.5.1(b)
Omit "a job seeker development activity" and substitute "an activity of the kind referred to in section 102A(1)(f) of the Act."
Definitions following clause 17.5.2
Omit "job seeker development activity, Social Security Act 1964, s 88A".
Clause 17A.2.2(a)
Omit "Organised Activity" and substitute "activity of a kind referred to in section 102A(1)(f) of the Act".
Training Incentive Allowance Programme
(as established and approved on 30 November 1998)5
Clause 5.2.1(a)
Omit "personal development and".
Transition to Work Grant Programme
(as established and approved on 23 January 2007)6
Clause 7(2)(b)
Insert "continued by section 37(2) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 or an activity of the kind referred to in section 102A(1)(f) of the Act" after "activity".
Explanatory Note
This note is not part of the instrument, but is intended to indicate its general effect.
This instrument, which comes into effect on 27 September 2010, amends the Ministerial Direction on Advance Payments of Benefit and the following welfare programmes under the Social Security Act 1964 to align them with the amendments to that Act made by the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010:
- Course Participation Assistance Programme;
- Recoverable Assistance Programme;
- Recoverable Assistance for Study Costs Programme;
- Special Needs Grants Programme;
- Training Incentive Allowance Programme;
- Transition to Work Grant Programme.
The instrument also corrects some drafting errors in the Special Needs Grants Programme.
1New Zealand Gazette, 21 December 2006, No. 174, page 5102
2New Zealand Gazette, 24 June 1999, No. 75, page 1687
3New Zealand Gazette, 17 December 2009, No. 188, page 4520
4New Zealand Gazette, 28 January 1999, No. 8, page 202
5New Zealand Gazette, 10 December 1998, No. 193, page 4695
6New Zealand Gazette, 1 February 2007, No. 10, page 215