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.
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) 2011.
2. Commencement-This instrument comes into effect on the day after the date on which it is made.
3. Principal directions and welfare programmes amended-This instrument amends the directions and welfare programmes specified in the Schedule in the
manner specified in that schedule.
Schedule
Cl 3
Amendments to directions and welfare programmes
Direction on Advance Payment of Benefits1
Clause 1.1
Paragraph (b)(v) to (viii)2 of the definition of cash assets: revoke and substitute:
"(v) any payment or item declared not to be
cash assets by the Social Security (Income and Cash Assets Exemptions) Regulations 2011 or to which Regulation 5(3) of those Regulations applies".
Assistance to Live Organ Donors Programme3
Clause P4(1)
Definition of ACC earner levy: omit "subsections (1) and (2) of section 219 of the Injury Prevention, Rehabilitation, and Compensation Act 2001" and substitute "section 219(1) of the Accident Compensation Act 2001".
Away from Home Allowance Programme4
Clause 5.1.3(b)
Revoke and substitute:
"(b) the applicant would be eligible for a family tax credit under the Income Tax Act 2007 but for the receipt of any payment or item declared not to be cash assets by the Social Security (Income and Cash Assets Exemptions) Regulations 2011 or to which Regulation 5(3) of those Regulations applies; and".
Clause 5.1A5
Revoke:
Domestic Violence and Witness Protection (Relocation) Programme6
Clause 4(1)
Definition of cash assets: add:
"(l) any payment or item declared not to be
cash assets by the Social Security (Income and Cash Assets Exemptions) Regulations 2011 or to which Regulation 5(3) of those Regulations applies".
Direction in relation to Emergency Benefit and Benefits on the Ground of Hardship7
Clause 1
Paragraphs (l) to (o)8 of the definition of cash assets: revoke and substitute:
"(l) any payment or item declared not to be
cash assets by the Social Security (Income and Cash Assets Exemptions) Regulations 2011 or to which Regulation 5(3) of those Regulations applies".
Clause 6(c)
Omit "2004" and substitute "2007".
Clause 9(e)(i)
Omit "either section OB 1 or OE 1 or OE 2 of the Income Tax Act 2004)" and substitute "paragraph (a) of the definition of life insurer in section YA 1 of the Income Tax Act 2007) whether or not resident in New Zealand (within the meaning of section YD 1 or YD 2 of that Act)".
Employment Transition Programme9
Clause 4(1)
Definition of earner levy: omit "subsections (1) and (2) of section 219 of the Injury Prevention, Rehabilitation, and Compensation Act 2001" and substitute "section 219(1) of the Accident Compensation Act 2001".
Home Help Programme10
Clause 4(1)
Paragraphs (l) to (q)11 of the definition of cash assets: revoke and substitute:
"(l) any payment or item declared not to be
cash assets by the Social Security (Income and Cash Assets Exemptions) Regulations 2011 or to which Regulation 5(3) of those Regulations applies".
Clause 8(2)(c)(ii)
Omit "Childcare Assistance Programme" and substitute "Social Security (Childcare Assistance) Regulations 2004".
New Employment Transition Grant Programme12
Clause 2.1
Paragraphs (l) to (o)13 of the definition of cash assets: revoke and substitute:
"(l) any payment or item declared not to be
cash assets by the Social Security (Income and Cash Assets Exemptions) Regulations 2011 or to which Regulation 5(3) of those Regulations applies".
Recoverable Assistance Programme14
Clause 3.1
Paragraphs (l) to (o)15 of the definition of cash assets: revoke and substitute:
"(l) any payment or item declared not to be
cash assets by the Social Security (Income and Cash Assets Exemptions) Regulations 2011 or to which Regulation 5(3) of those Regulations applies".
Paragraph (d) of the definition of health agency: revoke and substitute:
"(d) the Accident Compensation Corporation or an accredited employer (within the meaning of the Accident Compensation Act 2001) or an insurer within the meaning of the Accident Insurance Act 1998;".
Clause 11.1.4
Revoke and substitute:
"11.1.4 If an applicant receives any health or disability services arising out of personal injury by accident, a Payment must not be granted for any part of the fees or charges that is not paid by the Accident Compensation Corporation or an accredited employer (within the meaning of the Accident Compensation Act 2001) or an insurer (within the meaning of the Accident Insurance Act 1998) except:
(a) where this programme otherwise provides; or
(b) if the applicant satisfies the chief executive that he or she has no cover for that injury under the Accident Compensation Act 2001 or under any former Act (as that term is defined in section 6 that Act)."
Seasonal Work Assistance Programme16
Clause 4(1)
Definition of earner levy: omit "subsections (1) and (2) of section 219 of the Injury Prevention, Rehabilitation, and Compensation Act 2001" and substitute "section 219(1) of the Accident Compensation Act 2001".
Direction in relation to Special Benefit17
Clause 2.1
Definition of ACC earner levy18: omit "subsections (1) and (2) of section 219 of the Injury Prevention, Rehabilitation, and Compensation Act 2001" and substitute "section 219(1) of the Accident Compensation Act 2001".
Paragraphs (l) to (o)19 of the definition of cash assets: revoke and substitute:
"(l) any payment or item declared not to be
cash assets by the Social Security (Income and Cash Assets Exemptions) Regulations 2011 or to which Regulation 5(3) of those Regulations applies".
Paragraph (aa)20 of the definition of chargeable income: omit "family support credit of tax under subpart KD of the Income Tax Act 2004" and substitute "family tax credit under subpart MD of the Income Tax Act 2007".
Paragraph (aa)(i) of the definition of chargeable
income: omit "section KD 6 or section KD 7 of that
Act" and substitute "sections 80KI to 80KU of the Tax Administration Act 1994".
Paragraph (aa)(ii) of the definition of chargeable income: omit "that subpart" and substitute "subpart MD of the Income Tax Act 2007".
Schedule
Paragraph (b)21 of clause 17: omit "family support credit of tax payable under the Income Tax Act 2004" and substitute "family tax credit payable under the Income Tax Act 2007".
Special Needs Grants Programme22
Clause 3.1
Insert in their appropriate alphabetical order:
"Accident Compensation Corporation means the Corporation continued by section 259(1) of the Accident Compensation Act 2001"
"accredited employer has the same meaning as in section 181 of the Accident Compensation Act 2001"
"District Health Board means a District Health Board established under section 19 of the New Zealand Public Health and Disability Act 2000".
Paragraphs (l) to (o)23 of the definition of cash assets: revoke and substitute:
"(l) any payment or item declared not to be
cash assets by the Social Security (Income and Cash Assets Exemptions) Regulations 2011 or to which Regulation 5(3) of those Regulations applies".
Paragraphs (c) and (d) of the definition of health agency: revoke and substitute:
"(c) a District Health Board;
(d) the Crown Health Financing Agency continued by section 57 of the New Zealand Public Health and Disability Act 2000;
(da) a person providing services under a Crown funding agreement under section 10 of that Act;".
Definition of Hospital and Health Service: revoke.
Clause 9.7(a)(ii)
Omit "Health and Disability Services Act 1993" and substitute "New Zealand Public Health and Disability Act 2000".
Clause 9.9
Revoke and substitute:
"9.9 If an applicant receives any health or disability services arising out of personal injury by accident, a Grant must not be made for any part of the fees or charges that is not paid by the Accident Compensation Corporation or an accredited employer or by an insurer (within the meaning of the Accident Insurance Act 1998) except:
(a) where this programme otherwise provides; or
(b) if the applicant satisfies the chief executive that he has no cover for that injury under the Accident Compensation Act 2001 or under any former Act (as that term is defined in section 6 that Act)."
Clause 11.4.6.1(b)
Omit "Accident Rehabilitation Compensation and Insurance Corporation" and substitute "Accident Compensation Corporation or an accredited employer".
Clause 11.4.6.4(b)
Omit "Accident Rehabilitation Compensation and Insurance Act 1992" and substitute "Accident Compensation Act 2001".
Clause 18.4
Paragraphs (m) to the second paragraph (o)24 of the definition of cash assets: revoke and substitute:
"(m) any payment or item declared not to be
cash assets by the Social Security (Income and Cash Assets Exemptions) Regulations 2011 or to which Regulation 5(3) of those Regulations applies".
Student Allowance Transfer Grant Programme25
Clause 4(1)
Paragraphs (l) to (o)26of the definition of cash assets: revoke and substitute:
"(l) any payment or item declared not to be
cash assets by the Social Security (Income and Cash Assets Exemptions) Regulations 2011 or to which Regulation 5(3) of those Regulations applies".
Dated at Wellington this 27th day of September 2011.
HON PAULA BENNETT, Minister for Social Development and Employment.
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 28 September 2011, amends a number of Ministerial directions and welfare programmes under the Social Security Act 1964:
- to align definitions of cash assets and related clauses with exemptions in the Canterbury Earthquake (Social Security Act) Order (No 3) 2010 and the Social Security (Income and Cash Assets Exemptions) Regulations 2011:
- to update references to former legislation, a former welfare programme, and bodies with references to current legislation and bodies:
- to include references to accredited employers within the meaning of the Accident Compensation Act 2001 in certain clauses relating to that Act.
Annotation of Notes
1New Zealand Gazette, 24 June 1999, No. 75, page 1687
2New Zealand Gazette, 5 July 2001, No. 69, page 1634
New Zealand Gazette, 23 September 2010, No. 124, page 3301
New Zealand Gazette, 24 February 2011, No. 19, page 426
3New Zealand Gazette, 3 February 2005, No. 74, page 774
4New Zealand Gazette, 5 July 2007, No. 77, page 2005 (as paragraph (ii))
5New Zealand Gazette, 6 November 2008, No. 169, page 4441
6New Zealand Gazette, 11 April 2002, No. 34, page 1029
7New Zealand Gazette, 15 October 1998, No. 172, page 4120
8New Zealand Gazette, 5 July 2007, No. 77, page 2005
New Zealand Gazette, 23 September 2010, No. 124, page 3301
New Zealand Gazette, 24 February 2011, No. 19, page 426
9New Zealand Gazette, 30 June 2005, No. 100, page 2383
10New Zealand Gazette, 13 May 2004, No. 52, page 1290
11New Zealand Gazette, 6 November 2008, No. 169, page 4441
New Zealand Gazette, 8 May 2008, No. 169, page 2222
New Zealand Gazette, 23 September 2010, No. 124, page 3301
New Zealand Gazette, 24 February 2011, No. 19, page 426
12New Zealand Gazette, 17 December 1998, No. 200, page 4769
13New Zealand Gazette, 5 July 2007, No. 77, page 2005
New Zealand Gazette, 23 September 2010, No. 124, page 3301
New Zealand Gazette, 24 February 2011, No. 19, page 426
14New Zealand Gazette, 25 February 1999, No. 23, page 567
15New Zealand Gazette, 5 July 2007, No. 77, page 2005
New Zealand Gazette, 23 September 2010, No. 124, page 3301
New Zealand Gazette, 24 February 2011, No. 19, page 426
16New Zealand Gazette, 11 July 2002, No. 78, page 2079
17New Zealand Gazette, 16 December 1999, No. 193, page 4599
18New Zealand Gazette, 24 February 2005, No. 41, page 1056
19New Zealand Gazette, 5 July 2007, No. 77, page 2005
New Zealand Gazette, 23 September 2010, No. 124, page 3301
New Zealand Gazette, 24 February 2011, No. 19, page 426
20New Zealand Gazette, 24 February 2005, No. 41, page 1056
21New Zealand Gazette, 24 February 2005, No. 41, page 1056
22New Zealand Gazette, 28 January 1999, No. 8, page 202
23New Zealand Gazette, 5 July 2007, No. 77, page 2005
New Zealand Gazette, 23 September 2010, No. 124, page 3301
New Zealand Gazette, 24 February 2011, No. 19, page 426
24New Zealand Gazette, 5 July 2007, No. 77, page 2005
New Zealand Gazette, 23 September 2010, No. 124, page 3301
New Zealand Gazette, 24 February 2011, No. 19, page 426
25New Zealand Gazette, 1 August 2002, No. 90, page 2435
26New Zealand Gazette, 5 July 2007, No. 77, page 2005
New Zealand Gazette, 23 September 2010, No. 124, page 3301
New Zealand Gazette, 24 February 2011, No. 19, page 426