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.
Dated this 13th day of September 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 Directions and Welfare Programmes (No. 3) 2010.
2. Commencement-This Instrument comes into effect on the day that it is signed by the Minister.
3. Directions and welfare programmes amended-The directions and welfare programmes set out in the Schedule are amended in the manner set out in that Schedule.
Schedule
Clause 3
Directions and Welfare Programmes amended
Direction on Advance Payment of Benefits
(given on 25 May 1999)1
Clause 1.1
Paragraph (b) of the definition of cash assets: add:
"(vii) for the period of 12 months after it is made, any payment of the kind referred to in Regulation 3 of the Social Security (Income and Cash Assets Exemptions-Canterbury Earthquake) Regulations 2010".
Direction in Relation to Emergency Benefit and Assistance on the Grounds of Hardship
(given on 6 October 1998)
Clause 1
Definition of cash assets - add:
"(n) for the period of 12 months after it is made, any payment of the kind referred to in Regulation 3 of the Social Security (Income and Cash Assets Exemptions-Canterbury Earthquake) Regulations 2010".
Direction in Relation to Special Benefit
(given on 10 February 1999)2
Clause 2.1
Definition of cash assets - add:
"(n) for the period of 12 months after it is made, any payment of the kind referred to in Regulation 3 of the Social Security (Income and Cash Assets Exemptions-Canterbury Earthquake) Regulations 2010".
Away from Home Allowance Welfare Programme
(as established and approved 19 January 1998)3
Clause 5.1.3
Revoke and substitute:
"5.1.3 either-
(a) the applicant is eligible for a family tax credit under the Income Tax Act 2007 for the young person (whether or not the applicant is receiving any family support); or
(b) the applicant would be eligible for a family tax credit under the Income Tax Act 2007 but for the receipt of an ex gratia payment of the kind referred to in Regulations 10(1)(f) or (g) of the Social Security (Long-term Residential Care) Regulations 2005 (SR 2005/183) or a payment of the kind referred to in Regulation 3 of the Social Security (Income and Cash Assets Exemptions-Canterbury Earthquake) Regulations 2010; and".
Clause 6.2
Omit "Income Tax Act 2004" and substitute "Income Tax Act 2007".
Home Help Programme
(as established and approved on 6 May 2004)4
Clause 4(1)
Definition of cash assets - add:
"(p) for the period of 12 months after it is made, any payment of the kind referred to in Regulation 3 of the Social Security (Income and Cash Assets Exemptions-Canterbury Earthquake) Regulations 2010".
Clause 7(1)(a)(ii)
Insert "or payment of the kind specified in paragraph (n) of that definition" after "4(1)".
New Employment Transition Grant Programme
(as established and approved on 9 December 1998)
Clause 2.1
Definition of cash assets - add:
"(n) for the period of 12 months after it is made, any payment of the kind referred to in Regulation 3 of the Social Security (Income and Cash Assets Exemptions-Canterbury Earthquake) Regulations 2010".
Recoverable Assistance Programme
(as established and approved on 15 February 1999)5
Clause 3.1
Definition of cash assets - add:
"(n) for the period of 12 months after it is made, any payment of the kind referred to in Regulation 3 of the Social Security (Income and Cash Assets Exemptions-Canterbury Earthquake) Regulations 2010".
Special Needs Grants Programme
(as established and approved on 18 December 1998)6
Clause 3.1
Definition of cash assets - add:
"(n) for the period of 12 months after it is made, any payment of the kind referred to in Regulation 3 of the Social Security (Income and Cash Assets Exemptions-Canterbury Earthquake) Regulations 2010".
Clause 18.4
Definition of cash assets - add:
"(o) for the period of 12 months after it is made, any payment of the kind referred to in Regulation 3
of the Social Security (Income and Cash Assets Exemptions-Canterbury Earthquake) Regulations 2010".
Student Allowance Transfer Grant Programme
(as established and approved on 23 July 2002)7
Clause 4(1)
Definition of cash assets - add:
"(n) for the period of 12 months after it is made, any payment of the kind referred to in Regulation 3 of the Social Security (Income and Cash Assets Exemptions-Canterbury Earthquake) Regulations 2010".
Explanatory Note
This note is not part of the instrument but is intended to explain its general effect.
This instrument amending Ministerial directions and welfare programmes, which comes into effect on the day that it
is signed, excludes certain payments from a person’s cash assets, which are considered in determining his or her eligibility to the types of social security assistance specified in this instrument.
The exclusion is for payments made in relation to the effects of the Canterbury earthquake from the fund created by donations made to the Canterbury Earthquake Appeal of
the New Zealand Red Cross Incorporated and is limited to 12 months from the date of payment.
The instrument also updates certain legislative references in two welfare programmes.
1New Zealand Gazette, 24 June 1999, No. 75, page 1687
2New Zealand Gazette, 16 December 1999, No. 193, page 4600
3New Zealand Gazette, 29 January 1998, No. 14, page 349
4New Zealand Gazette, 13 May 2004, No. 52, page 1290
5New Zealand Gazette, 25 February 1999, No. 23, page 567
6New Zealand Gazette, 28 January 1999, No. 8, page 202
7New Zealand Gazette, 1 August 2002, No. 90, page 2435