Pursuant to section 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 Temporary Accommodation Assistance (Canterbury Earthquake) Amendment (No. 2) 2013.
2. Commencement-This instrument comes into effect on the day after the date on which it is established and approved.
3. Principal programme-This instrument amends the Temporary Accommodation Assistance (Canterbury Earthquake) Programme* (the principal programme).
4. Clause 5 amended (Interpretation)-(1) In clause 5(1), insert in their appropriate alphabetical order:
"arm's length transaction means a transaction that the parties would have entered into if they were:
(a) connected or related only by the transaction; and
(b) acting independently; and
(c) each acting in his or her or its own best interests".
"household, in relation to a person, means the person and the members of the person's family and other persons (not being boarders) usually residing with him or her; and members of the person's household has a corresponding meaning".
"member of the person's family, in relation to a person, includes any other person to whom the person
is related by marriage, civil union, or de facto relationship".
(2) In clause 5(1), definition of temporary accommodation costs, replace "his or her family who usually reside with the person", with "the person's household".
(3) In clause 5(1), definition of temporary accommodation costs, paragraph (a), replace "the person", with "the person (A) from another person (not being the spouse or partner
of A or any other joint owner or owner in common
in respect of the affected premises (B) or B's spouse or partner) in an arm's length transaction".
5. Clause 6 amended (Application of the Act)-In clause 6, replace "relocation" with "accommodation".
6. Clause 8 amended (Temporary accommodation assistance)-(1) In clause 8(3), after "subject to", insert "subclause (3A) and".
(2) In clause 8, after subclause (3), insert as new subclause (3A):
"(3A) For the avoidance of doubt, even if a person and 1 or more members of the person's household are the owners in respect of any affected premises jointly or
in common, only 1 of those owners may be granted temporary accommodation assistance in respect of
the temporary accommodation costs of the person
and the members of the person's household."
7. Clause 9 amended (Rates of temporary accommodation assistance)-In clause 9, replace paragraphs (a) to (c) with:
"(a) for a person whose household comprises 3 or more people, $330 a week;
(b) for a person whose household comprises 2 people, $275 a week:
(c) for a person whose household comprises 1 person, $180 a week."
Dated at Wellington this 26th day of February 2013.
HON PAULA BENNETT, Minister for Social Development.
Explanatory Note
This note is not part of this instrument, but is intended to indicate its general effect.
This instrument amends the Temporary Accommodation Assistance (Canterbury Earthquake) Programme to clarify its intent. In particular:
- clause 5 corrects a drafting error;
- clauses 7 and 4(2) amend the rates of temporary accommodation assistance in clause 9 of the programme to express them in terms of household size, and clause 4(1) inserts new definitions in clause 5 to clarify who is a member of a person's household;
- clause 4(3) amends the definition of temporary accommodation costs in clause 5 to clarify that it
does not include rent paid to a spouse or partner, a
co-owner of the affected premises, or a co-owner's spouse or partner, or in an arrangement that is not
an arm's length transaction. Clause 5(1) inserts a definition of this term in clause 5;
- clause 6 inserts a new subclause (3A) in clause 8 to make it clear that where the affected premises are
co-owned by a person and 1 or more members of
the person's household, only 1 of the owners may be granted temporary accommodation assistance in respect of the temporary accommodation costs of the person and the members of the person's household.
*New Zealand Gazette, 3 March 2011, No. 23, page 619