Pursuant to sections 5 and 124(1)(d) of the Social Security Act 1964, the Minister for Social Development makes the following instrument.
I n s t r u m e n t
1. Title-This instrument is the Instrument amending Ministerial Welfare Programmes and Directions 2012.
2. Commencement-This instrument comes into effect
on 20 August 2012.
3. Principal programmes and directions-This instrument amends the welfare programmes specified in Schedule 1 (the principal programmes) and the directions specified in Schedule 2 (the principal directions).
4. Welfare programmes amended-The principal programmes are amended in the manner set out in
Schedule 1.
5. Directions amended-The principal directions are amended in the manner set out in Schedule 2.
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Schedule 1
Clause 4
Welfare Programmes Amended
Family Start and Early Start (Childcare Assistance) Programme
(as established and approved on 12 September 2005) FOOTNOTE 1
Clause 4
In clause 4(1), definition of eligible child, paragraph (c), after "early-childhood", insert "education".
Clause 6
In clause 6, after, "early-childhood", insert "education".
Clause 8
In clause 8(3), definition of a, paragraph (a), after
"early-childhood", insert "education".
Clause 9
In clause 9, after "early-childhood", insert "education".
Clause 10
In clause 10(1), after "early-childhood", insert "education".
In clause 10(1)(a), replace "approved early childhood service or early-childhood care arranger (as the case may be)" with "the provider of the approved early-childhood education programme".
In clause 10(1)(b), replace "the approved early-childhood service or approved early-childhood care arranger in
respect of the programme" with "the provider of the approved early-childhood education programme".
Clause 11
In the heading of clause 11, replace "service or
early-childhood care arranger" with "education programme".
In clause 11, replace subclauses (1) and (2) with:
"(1) Except as provided in subclause (2), assistance 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 assistance 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."
Clause 12
In clause 12, after "early-childhood", insert "education".
Replace clause 12(b) with:
"(b) to the extent it was paid to the provider of an approved early-childhood education programme, that provider."
Course Participation Assistance Programme
(as established and approved on 6 December 2006) FOOTNOTE 2
Clause 4
In clause 4(1), definition of service plan, revoke paragraph (c).
Clause 6
In clause 6(c), replace "an independent youth benefit" with "a youth support payment".
Clause 9
In clause 9(3)(c), before "the course", insert "except in the case of an applicant receiving a youth support payment or to whom section 171 of the Act applies,".
Assistance to Live Organ Donors Programme
(as established and approved on 18 January 2005) FOOTNOTE 3
Clause P11
In clause P11(1)(b)(i), after "early-childhood", insert "education".
Clause P14
In clause P14, replace subclauses (1) and (2) with:
"(1) Except as provided in subclauses (2) and (3), childcare assistance for each qualifying child
must be paid to the provider of the approved
early-childhood education programme in which the child is enrolled.
(2) Childcare assistance for a qualifying child's participation in an OSCAR programme may be paid to the provider of the programme or to the applicant.
(3) The chief executive may pay a lump sum childcare assistance 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."
Employment Transition Programme
(as established and approved on 23 June 2005) FOOTNOTE 4
Clause 4
In clause 4(1), definition of net specified income, paragraph (b)(i), replace "an independent youth benefit" with "a youth support payment".
Student Allowance Transfer Grant Programme
(as established and approved on 23 July 2002) FOOTNOTE 5
Clause 4
In clause 4(1), definition of working-age benefit, paragraph (e), replace "an independent youth benefit" with "a youth support payment".
Special Needs Grants Programme
(as established and approved on 18 December 1998) FOOTNOTE 6
Clause 9
In clause 9.5(a), replace "an independent youth benefit" with "a youth support payment".
In clause 9.12, before "The chief executive...", insert "Except in the case of an applicant who is receiving a youth support payment under the Act,".
DPB Sole Parent Study Assistance Programme
(as established and approved on 16 December 2010) FOOTNOTE 7
Heading
In the Page 1 heading, delete "DPB".
Clause 1
In clause 1, delete "DPB".
Clause 3
In clause 3(a), after "parents", insert "or a young parent payment".
Clause 6
In clause 6(1)(a), after "27B", insert "or a young parent payment under section 165".
Seasonal Work Assistance Programme
(as established and approved on 7 July 2002) FOOTNOTE 8
Clause 4
In clause 4(1), definition of working-age benefit, paragraph (e), replace "an independent youth benefit" with "a youth support payment".
Training Incentive Allowance Programme
(as established and approved on 30 November 1998) FOOTNOTE 9
Clause 5
In clause 5.1.1(a)(i), after "widow's benefit", insert ", or a young parent payment under section 165 of the Act".
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Schedule 2
Clause 5
Directions amended
Direction in relation to Emergency Benefit and Benefits on Ground of Hardship
(given on 8 October 1998) FOOTNOTE 10
Clauses 5 and 6
Revoke clauses 5 and 6.
Clause 7
Replace clause 7 with:
"7 Emergency benefits for people aged 16 or 17
(1) This clause applies to an applicant for an emergency benefit who is aged 16 or 17 years old (other than an applicant who meets the qualifications for a youth support payment except for the residential qualification in section 74AA of the Act).
(2) You should, in the exercise of your discretion under section 61 of the Act, consider granting that benefit to the applicant only in exceptional circumstances.
(3) In considering whether there are exceptional circumstances, you should consider-
(a) the reasons why the applicant would not qualify for a youth support payment; and
(b) whether the applicant is, or is not, in education, training, or employment; and
(c) the period for which the emergency benefit is likely to be payable; and
(d) the impact of a grant of an emergency benefit would have on the applicant's education or training and therefore on his or her prospects for employment; and
(e) the likely effect on the applicant's health or wellbeing, or on the health and wellbeing of a dependant of the applicant, of not granting an emergency benefit; and
(f) any other matters that you consider relevant.
(4) If you decide to grant an emergency benefit, you should consider making that benefit subject to the condition that the applicant agrees to receive, and does receive, services of the kind referred to in section 123E(a) of the Act from a contracted service provider."
Assistance to Live Organ Donors Direction
(given on 18 January 2005) FOOTNOTE 11
New clause D5A
After clause D5, insert the following clause:
"D5A Youth support payment recipients: exemption from obligations
(1) This clause applies to a person-
(a) to whom this direction applies; and
(b) to whom a youth support payment has been granted under the Act; and
(c) who would, while convalescing from the operation to retrieve the tissue, not be able to fulfil the eligibility criteria for the benefit set out in section 158(2)(c)(i) or, as the case requires, section 164(2)(c)(i) of the Act.
(2) You should, under section 105 of the Act, grant a person referred to in subclause (1) an exemption from the obligation in section 170(1)(a) of the Act on the grounds in Regulation 8A(2)(c) of the Social Security (Exemptions under Section 105) Regulations 1998.
(3) The exemption should commence on the date of the operation to retrieve the tissue and continue for the period (not exceeding 12 weeks) in which you are satisfied the person is-
(a) convalescing from the operation; and
(b) not able to fulfil the eligibility criteria for the benefit referred to in subclause (1)(c)."
Clause D6
In clause D6(1)(b), delete "or an independent youth benefit".
In clause D6(2) delete, "or an independent youth benefit,".
Clause D7
In clause D7(1) delete "or independent youth benefit (as the case may be)".
Direction in relation to Special Benefit
(given on 10 February 1999) FOOTNOTE 12
Clause 2
In clause 2.1, definition of beneficiary, paragraph (a), replace "an independent youth benefit" with "a youth support payment".
Schedule
In the Schedule, Part 1, clause 2, replace "an independent youth benefit" with "a youth support payment".
In the Schedule, Part 1, clause 6(a), after "17 years", insert "and is continuing to receive that benefit pursuant to section 30 of the Social Security (Youth Support and Work Focus) Amendment Act 2012".
Dated at Wellington this 14th day of August 2012.
HON PAULA BENNETT, Minister for Social Development.
Explanatory Note
This note is not part of the programme, but is intended to indicate its general effect.
This instrument, which comes into effect on 20 August
2012, amends the Ministerial welfare programmes set out
in Schedule 1 and the Ministerial directions set out in Schedule 2.
These amendments are consequential to, or are a direct result of, the changes brought into effect by the Social Security (Youth Support and Work Focus) Amendment Act 2012.
Footnotes
1 New Zealand Gazette, 15 December 2005, No. 207, page 5275
2 New Zealand Gazette, 21 December 2006, No. 174, page 5102
3 New Zealand Gazette, 3 February 2005, No. 32, page 774
4 New Zealand Gazette, 30 June 2005, No. 100, page 2383
5 New Zealand Gazette, 1 August 2002, No. 90, page 2435
6 New Zealand Gazette, 28 January 1999, No. 8, page 202
7 New Zealand Gazette, 23 December 2010, No. 179, page 4457
8 New Zealand Gazette, 11 July 2002, No. 78, page 2079
9 New Zealand Gazette, 10 December 1998, No. 198, page 4695
10 New Zealand Gazette, 15 October 1998, No. 172, page 4120
11 New Zealand Gazette, 3 February 2005, No. 32, page 774
12 New Zealand Gazette, 16 December 1999, No. 193, page 4599, and amended in New Zealand Gazette, 24 February 2005, No. 41, page 1056