Notice Type
Departmental
Notice Title

Instrument Amending Ministerial Directions and Welfare Programmes 2011

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 at Wellington this 9th day of February 2011.
HON PAULA BENNETT, Minister for Social Development and Employment.
---
I n s t r u m e n t
1. Title-This instrument is the Instrument amending Ministerial Directions and Welfare Programmes 2011.
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
Insert in its appropriate alphabetical order the following definition:
"Canterbury earthquake means the earthquake that occurred on 4 September 2010 in Canterbury, and includes all of its aftershocks".
Paragraph (b) of the definition of cash assets: add:
"(viii) any money paid to a person by the Earthquake Commission continued in existence by section 4(1) of the Earthquake Commission Act 1993, or by an insurance company,-
(A) in respect of the destruction of or any damage to any property caused by the Canterbury earthquake; or
(B) for or towards the costs of renting accommodation in place of residential
premises destroyed or made uninhabitable
by the Canterbury earthquake".
Direction in Relation to Emergency Benefit and Assistance on the Grounds of Hardship
(given on 6 October 1998)
Clause 1
Insert in its appropriate alphabetical order the following definition:
"Canterbury earthquake means the earthquake that occurred on 4 September 2010 in Canterbury, and includes all of its aftershocks".
Definition of cash assets: add:
"(o) any money paid to a person by the Earthquake Commission continued in existence by section 4(1) of the Earthquake Commission Act 1993, or by an insurance company,-
(i) in respect of the destruction of or any damage to any property caused by the Canterbury earthquake; or
(ii) for or towards the costs of renting accommodation in place of residential premises destroyed or made uninhabitable by the Canterbury earthquake".
Direction in Relation to Special Benefit
(given on 10 February 1999)2
Clause 2.1
Insert in its appropriate alphabetical order the following definition:
"Canterbury earthquake means the earthquake that occurred on 4 September 2010 in Canterbury, and includes all of its aftershocks".
Definition of cash assets: add:
"(o) any money paid to a person by the Earthquake Commission continued in existence by section 4(1) of the Earthquake Commission Act 1993, or by an insurance company,-
(i) in respect of the destruction of or any damage to any property caused by the Canterbury earthquake; or
(ii) for or towards the costs of renting accommodation in place of residential
premises destroyed or made uninhabitable
by the Canterbury earthquake".
Away from Home Allowance Welfare Programme
(as established and approved 19 January 1998)3
Clause 2
Insert in its appropriate alphabetical order the following definition:
"Canterbury earthquake means the earthquake that occurred on 4 September 2010 in Canterbury, and includes all of its aftershocks".
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 tax credit ); 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 or any money paid to a person by the Earthquake Commission continued in existence by section 4(1) of the Earthquake Commission Act 1993, or by an insurance company,-
(i) in respect of the destruction of or any damage to any property caused by the Canterbury earthquake; or
(ii) for or towards the costs of renting accommodation in place of residential
premises destroyed or made uninhabitable
by the Canterbury earthquake; and".
Home Help Programme
(as established and approved on 6 May 2004)4
Clause 4(1)
Insert in its appropriate alphabetical order the following definition:
"Canterbury earthquake means the earthquake that occurred on 4 September 2010 in Canterbury, and includes all of its aftershocks".
Definition of cash assets: add:
"(q) any money paid to a person by the Earthquake Commission continued in existence by section 4(1) of the Earthquake Commission Act 1993, or by an insurance company,-
(i) in respect of the destruction of or any damage to any property caused by the Canterbury earthquake; or
(ii) for or towards the costs of renting accommodation in place of residential
premises destroyed or made uninhabitable
by the Canterbury earthquake".
Clause 7(1)(a)(ii)(A)
Insert "or (p)" after "paragraph (n)".
Clause 7(1)(a)(ii)(B)
Insert "to (q)" after "paragraph (m)".
New Employment Transition Grant Programme
(as established and approved on 9 December 1998)5
Clause 2.1
Insert in its appropriate alphabetical order the following definition:
"Canterbury earthquake means the earthquake that occurred on 4 September 2010 in Canterbury, and includes all of its aftershocks"
Definition of cash assets: add:
"(o) any money paid to a person by the Earthquake Commission continued in existence by section 4(1) of the Earthquake Commission Act 1993, or by an insurance company,-
(i) in respect of the destruction of or any damage to any property caused by the Canterbury earthquake; or
(ii) for or towards the costs of renting accommodation in place of residential
premises destroyed or made uninhabitable
by the Canterbury earthquake"
Recoverable Assistance Programme
(as established and approved on 15 February 1999)6
Clause 3.1
Insert in its appropriate alphabetical order the following definition:
"Canterbury earthquake means the earthquake that occurred on 4 September 2010 in Canterbury, and includes all of its aftershocks".
Definition of cash assets: add:
"(o) any money paid to a person by the Earthquake Commission continued in existence by section 4(1) of the Earthquake Commission Act 1993, or by an insurance company,-
(i) in respect of the destruction of or any damage to any property caused by the Canterbury earthquake; or
(ii) for or towards the costs of renting accommodation in place of residential
premises destroyed or made uninhabitable
by the Canterbury earthquake".
Special Needs Grants Programme
(as established and approved on 18 December 1998)7
Clause 3.1
Insert in its appropriate alphabetical order the following definition:
"Canterbury earthquake means the earthquake that occurred on 4 September 2010 in Canterbury, and includes all of its aftershocks".
Definition of cash assets: add:
"(o) any money paid to a person by the Earthquake Commission continued in existence by section 4(1) of the Earthquake Commission Act 1993, or by an insurance company,-
(i) in respect of the destruction of or any damage to any property caused by the Canterbury earthquake; or
(ii) for or towards the costs of renting accommodation in place of residential
premises destroyed or made uninhabitable
by the Canterbury earthquake".
Clause 18.4
Definition of cash assets: add:
"(o) any money paid to a person by the Earthquake Commission continued in existence by section 4(1) of the Earthquake Commission Act 1993, or by an insurance company,-
(i) in respect of the destruction of or any damage to any property caused by the Canterbury earthquake; or
(ii) for or towards the costs of renting accommodation in place of residential
premises destroyed or made uninhabitable
by the Canterbury earthquake".
Student Allowance Transfer Grant Programme
(as established and approved on 23 July 2002)8
Clause 4(1)
Insert in its appropriate alphabetical order the following definition:
"Canterbury earthquake means the earthquake that occurred on 4 September 2010 in Canterbury, and includes all of its aftershocks".
Definition of cash assets: add:
"(o) any money paid to a person by the Earthquake Commission continued in existence by section 4(1) of the Earthquake Commission Act 1993, or by an insurance company,-
(i) in respect of the destruction of or any damage to any property caused by the Canterbury earthquake; or
(ii) for or towards the costs of renting accommodation in place of residential
premises destroyed or made uninhabitable
by the Canterbury earthquake".
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 money paid to a person by the Earthquake Commission or an insurance company in respect of the destruction of or any damage to any
property caused by the Canterbury earthquake, or towards the costs of renting accommodation in place of residential premises destroyed or made uninhabitable by the Canterbury earthquake.
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, 17 December 1998, No. 200, page 4769
6New Zealand Gazette, 25 February 1999, No. 23, page 567
7New Zealand Gazette, 28 January 1999, No. 8, page 202
8New Zealand Gazette, 1 August 2002, No. 90, page 2435