Pursuant to section 124(1)(d) of the Social Security Act 1964, the Minister for Social Development establishes and approves the following welfare programme for special assistance.
P r o g r a m m e
1. Title-This programme is the Guaranteed Childcare Assistance Payment Programme.
2. Commencement-This programme comes into effect on 20 August 2012.
3. Purpose-The purpose of this programme is to provide financial assistance towards the costs of early childhood education to help:
(a) young parents who are receiving young parent payments, or who are the spouses or partners of specified beneficiaries, to comply with their youth activity obligations; and
(b) young parents who are not beneficiaries to return to, or remain in, courses of secondary instruction.
4. Interpretation-(1) In this programme, unless the context otherwise requires:
Act means the Social Security Act 1964
applicant-
(a) means a person by whom or on whose behalf an application is made for assistance under this programme; and
(b) where the context requires, includes a person to whom assistance is granted under this programme
appropriate contracted service provider, in relation to an applicant, means a contracted service provider-
(a) providing services of the kind referred to in section 123E(a) of the Act to the applicant; or
(b) assigned to the applicant under section 181 of the Act
approved early-childhood education programme has the same meaning as in the Social Security (Childcare Assistance) Regulations 2004
course of secondary instruction means a full-time course of secondary instruction in a composite school, a correspondence school, or a secondary school (as those terms are defined in section 2 of the Education Act 1989) or in a teen parent unit
eligible child means a child under the age of 5 years who is-
(a) a dependent child of an applicant to whom clause 6(1)(a) or (b) or 7(1)(b) applies; or
(b) a child for whom an applicant to whom clause 7(1)(a) applies has primary responsibility for
day-to day care
guaranteed childcare assistance payment or GCAP means the special assistance under this programme; and GCAP payment has a corresponding meaning
parent includes a step-parent
TIA programme means the Training Incentive Allowance Programme (FOOTNOTE 1) established and approved under section 124(1)(d) of the Act
youth activity obligation means an obligation under section 170(1)(a), (b), or (c) of the Act.
(2) Terms otherwise defined in section 3(1) or 157 of the Act have the same meanings in this programme.
5. Application of the Act-(1) Sections 11D, 12, 62, 63, 74, 74A, 75, 76, 77, 80(1), 80AA, 80A, 80BD, 81, 82(1), 82(3) to (5), 84 and 86J of the Act apply to the following as if the special assistance under this programme were a benefit:
(a) This programme;
(b) an applicant;
(c) an applicant's spouse or partner (if any);
(d) the provider of an approved early-childhood education programme.
(2) Nothing in subclause (1) limits the application of any other provision of the Act.
6. Guaranteed childcare assistance payment: Entitlement-(1) This subclause applies to:
(a) a young person who is receiving a young parent payment under Part 5 of the Act and is the principal caregiver of 1 or more dependent children; or
(b) a young person to whom section 171(2) of the Act applies who is the principal caregiver of 1 or more dependent children.
(2) An applicant to whom subclause (1) applies is entitled to be granted GCAP in respect of any period to which the chief executive is satisfied that both of the following apply:
(a) an eligible child of the applicant is or will be attending an approved early-childhood education programme;
(b) the applicant is-
(i) complying with a youth activity obligation; or
(ii) taking actions that would comply with the obligation in section 170(1)(a) of the Act before that obligation applies to the applicant under section 170(4) of the Act; or
(iii) undertaking employment in addition to, and during hours when he or she is not, undertaking or participating in an activity described in subparagraph (i) or (ii).
(3) Subclause (2) is subject to subclauses (5) and (6) and clause 8.
(4) GCAP may be granted in respect of 2 or more eligible children of an applicant.
(5) An applicant is not entitled to be granted GCAP in respect of an eligible child and any period unless the chief executive is satisfied that, during that period, the spouse or partner of the applicant (if any) cannot, for a good and sufficient reason (as defined in this clause), provide care to that child.
(6) If an applicant's employment in any week exceeds
15 hours, the applicant is not entitled to be granted GCAP under subclause (2)(b)(iii) in respect of that excess.
(7) In this clause, good and sufficient reason includes (without limitation) that the spouse or partner is, during the period concerned,-
(a) participating in employment; or
(b) undertaking a full-time course of secondary instruction, tertiary education, approved training,
or work-based learning of a kind referred to in section 170(1)(a) of the Act; or
(c) required to comply with any youth activity obligation; or
(d) required to comply with work test obligations; or
(e) incapacitated by reason of sickness, injury or disability.
7. GCAP: Discretionary grants-(1) This subclause applies to-
(a) a person under the age of 18 years who-
(i) is single, not receiving an income-tested benefit in his or her own right, and is himself or herself a dependent child of his or her parent or guardian; and
(ii) has the primary responsibility for the
day-to-day care of 1 or more of the person's children under the age of 5 years; and
(iii) is (or is about to be) enrolled in a course of secondary instruction; or
(b) a person aged not less than 16 or more than 18 years who is-
(i) married or in a civil union or in a de facto relationship; and
(ii) not receiving an income-tested benefit in his or her own right or as the spouse or partner of another person granted an income-tested benefit; and
(iii) the principal caregiver in respect of 1 or more dependent children under the age of 5 years; and
(iv) enrolled (or about to be enrolled) in a course of secondary instruction.
(2) The chief executive may grant GCAP to an applicant to whom subclause (1) applies in respect of any period that
the chief executive is satisfied that the applicant's eligible child or children is, are, or will be attending an approved early-childhood education programme during a period when the applicant is-
(a) participating in the course of secondary instruction; or
(b) undertaking employment in addition to, and during hours when he or she is not, participating in that course.
(3) Subclause (2) is subject to subclause (4) and clauses 6(5) and 8.
(4) If an applicant's employment in any week exceeds
15 hours, the applicant is not entitled to be granted GCAP under subclause (2)(b) in respect of that excess.
8. GCAP not payable with other assistance-An applicant is not entitled to be granted GCAP in respect of
an eligible child and any period unless, in respect of that period, all of the following apply:
(a) no payment of childcare assistance under section 61GA of the Act is being made in respect of the child:
(b) the child is not receiving early childhood education under the Government policy known as 20 Hours Early Childhood Education:
(c) no payment of childcare assistance is being made in respect of the child under any other welfare programme approved under section 124(1)(d) of the Act.
9. GCAP: Rates-(1) The amount of GCAP payments granted under clause 6 or 7 in respect of any week is-
a - b but not more than c
(2) GCAP is not payable in respect of any week in which
b is greater than a.
In this clause-
a is the weekly cost-
(a) of the eligible child's attendance at the approved early-childhood education programme calculated using,-
(i) the actual hourly fee payable; or
(ii) if a periodic flat fee is payable, the average hourly fee payable calculated by dividing the periodic flat fee by the number of hours during the period for which the child is enrolled to participate in the programme; or
(b) where clause 11 applies, of keeping the eligible child's place in that programme
b is any payment towards a made by a person other than the applicant calculated on a weekly basis
c is $6.00 per hour multiplied by the number of hours
a week (not exceeding 50 hours) for which the child
is enrolled to participate in the programme not exceeding $300.00 a week.
10. Commencement of GCAP-GCAP payments commence on the last of the following dates:
(a) The date on which this programme commences;
(b) the date on which the application for GCAP was received;
(c) the date on which the eligible child started to attend the approved early-childhood education programme;
(d) in the case of a grant under clause 6, the date on which the applicant commenced complying with
the youth activity obligation in respect of which the grant is made;
(e) in the case of a grant under clause 7, the date on which the applicant commenced participating in the course of secondary instruction.
11. Payment during absences of eligible child-(1) If
a provider in respect of an approved early-childhood education programme charges a fee for holding open the places of children who are absent from the programme when the programme is available, GCAP payments may continue to be granted in respect of an eligible child for any continuous period of not more than 30 working days when the child is absent from the programme because-
(a) the child or applicant is injured or ill; or
(b) of a family bereavement; or
(c) the child is on holiday; or
(d) of any other reasonable circumstance.
(2) GCAP payments cease if an eligible child is absent from the programme for a continuous period of 15 working days or more and none of the circumstances in subclause (1)(a) to (d) exist or clause 12 applies.
12. Payment between end of academic year and start of next-(1) This clause applies to an applicant who has been receiving GCAP under clause 6 or 7 during an academic year.
(2) Except as provided in subclause (3) or (4), GCAP under clause 6 or 7 is not payable in respect of the period between the end of that academic year and the start of the next
(the vacation period) when the applicant is not attending
a full-time course of secondary instruction or approved training.
(3) During the vacation period, the applicant may be granted GCAP in respect of an eligible child and any period
when the applicant is undertaking employment, but if the applicant's employment in any week exceeds 15 hours,
the applicant is not entitled to be granted GCAP under this subclause in respect of that excess.
(4) If a provider in respect of an approved early-childhood education programme charges a fee for holding open the places of children who are absent from the programme when the programme is available and the applicant provides evidence to the satisfaction of the chief executive that he or she intends to enrol in a course of secondary instruction
or approved training in the next academic year, the chief executive may, during the vacation period, continue to grant GCAP payments in respect of that applicant and an eligible child for a continuous period of 30 working days or more.
(5) GCAP may not be granted in respect of an eligible child under subclause (4) for any period for which GCAP is granted under clause 11.
13. Notification of absences of eligible child-(1) It is a condition of any grant of GCAP that, within a reasonable time after an eligible child for whom GCAP payments
are granted is absent from the approved early-childhood education programme concerned,-
(a) the applicant must notify the provider of the approved early-childhood education programme of the child's absence; and
(b) the provider of an approved early-childhood education programme to whom any payment of assistance is made under clause 11 must notify
an officer of the department and the appropriate contracted service provider in respect of the applicant (if any) of the child's absence.
(2) Nothing in subclause (1) limits the applicant's obligations under section 80A of the Act (as applied to this programme and the applicant by clause 5).
14. Continuation of GCAP in certain circumstances-
(1) If an eligible child in respect of whom GCAP has been granted under clause 6 or 7 attains the age of 5 years and is transitioning from early-childhood education to attendance at school, the chief executive may, as if the child had not attained that age, continue to grant GCAP in respect of any period and that child until a date not later than 4 weeks after the child attains that age.
(2) If an applicant to whom clause 7(1)(a) applies (being an applicant in respect of whom GCAP has been granted
under clause 7(2)) attains the age of 18 and is continuing to participate in a course of secondary instruction, the chief executive may, as if the applicant had not attained that age, continue to grant GCAP in respect of any period and that applicant and an eligible child until the earlier of-
(a) the date on which the school year ends; and
(b) the date on which the child attains the age of 5 years and 4 weeks.
15. GCAP payments usually payable to provider-(1) Except as provided in subclause (2), GCAP payments for each eligible child must be paid to the provider of the approved early-childhood education programme in which the child is enrolled.
(2) The chief executive may pay a lump sum GCAP payment directly to an applicant if-
(a) the sum represents an underpayment of the amounts that should have been paid to the provider of an approved early-childhood education programme in respect of an eligible child's participation in that programme; and
(b) the applicant has already paid the amount of the underpayment to that provider.
16. Overpayments recoverable-If, because an eligible child has ceased to be enrolled or has been absent from an approved early-childhood education programme, GCAP payments have been paid in excess of the amount the applicant was entitled to under this programme, the amount of the excess is recoverable from,-
(a) the applicant; and
(b) to the extent it was paid to the provider of an approved early-childhood education programme, that provider.
17. Consequential revocations-(1) Revoke the following provisions of the TIA programme (FOOTNOTE 1):
(a) In clause 2.1, paragraph (b) of the definition of applicant, and the definitions of childcare payments, eligible child, Regulations, and secondary school:
(b) Part 2.
(2) Revoke the Training Incentive Allowance Amendment (No 2) 2005 (FOOTNOTE 2).
18. Transitional provisions-(1) This subclause applies to any person who, immediately before the commencement of this programme, was receiving or had, on an application made before that commencement, been granted young parent childcare payments under Part 2 of the TIA programme in respect of an eligible child's attendance at an approved early-childhood education programme.
(2) On the commencement of this programme, a person to whom subclause (1) applies is entitled to receive, without further application, GCAP payments in respect of the eligible child as if granted under clause 7 so long as he or she continues to meet the eligibility requirements for those payments under this programme.
(3) This subclause applies to any person who, before the commencement of this programme, had made application for young parent childcare payments under the TIA programme but had not yet been granted young parent childcare payments under that programme.
(4) On the commencement of this programme, the application of a person to whom subclause (3) applies must be treated as an application for GCAP payments under this programme.
(5) This subclause applies to any overpayments of young parent childcare payments that are recoverable under former clause 18 of the TIA programme.
(6) Any overpayments to which subclause (5) applies must be treated as overpayments of GCAP payments for the purpose of clause 16 of this programme.
Dated at Wellington this 13th day of August 2012.
HON PAULA BENNETT, Minister for Social Development.
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Explanatory Note
This note is not part of the programme, but is intended to indicate its general effect.
This programme provides for a new form of childcare assistance called the guaranteed childcare assistance payment (GCAP).
Young parents receiving a young parent payment or who
are the spouses or partners of specified beneficiaries are (subject to compliance with certain conditions) entitled to GCAP if their eligible children attend an approved
early-childhood education programme while they are complying with obligations under section 170(1)(a) to (c) of the Act (youth activity obligations) or for up to 15 hours
a week when they are working part-time in addition to complying with youth activity obligations.
Young parents not in receipt of a benefit under the Act who are returning to or remaining in a course of secondary instruction may (subject to compliance with certain conditions) be granted GCAP in the discretion of the chief executive if their eligible children attend an approved
early-childhood education programme while they participate in that course or for up to 15 hours a week
when they are working part-time in addition to participating in that course.
GCAP replaces young parent childcare assistance under
the Training Incentive Allowance Programme, and the provisions of that programme relating to that assistance are revoked.
GCAP is only available for hours when the child is not receiving free early childhood education and neither childcare assistance under section 61GA of the Act
or childcare assistance under any other welfare programme is payable. The rate at which GCAP is payable is $6.00 per hour for up to 50 hours a week and not more than $300.00
a week.
Footnotes
1 New Zealand Gazette, 9 April 1998, No. 53, page 1168
2 New Zealand Gazette, 22 December 2005, No. 210, page 5379