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 Housing Support Assistance Programme.
2. Commencement-This programme comes into force on 1 July 2014.
3. Purpose-The purpose of this programme is to provide special assistance by way of specified financial products to help alleviate hardship in relation to housing.
Part 1
General Provisions
4. Interpretation-(1) In this programme, unless the context otherwise requires:
Act means the Social Security Act 1964.
agency has the same meaning as in section 2(1) of the HRTMA.
alternative housing means housing located in
New Zealand other than social housing.
applicant-
(a) means a person who applies for any special assistance under this programme; and
(b) includes a person who has entered into an agreement with the chief executive under clause 30(1)(c); and
(c) where the context requires, includes a person to whom any special assistance under this programme is granted.
applicable person, in relation to any housing, means every person to whom the housing is let or to be let and includes the spouse or partner of any such person.
beneficiary has the same meaning as in section 61E(1) of the Act.
bond has the same meaning as in section 2(1) of the Residential Tenancies Act 1986.
bond grant means the non-recoverable special assistance under subpart 1 of Part 2.
cash assets has the same meaning as in section 61E(1) of the Act but does not include any special assistance under this programme.
cash assets limit, in relation to a person, means-
(a) in the case of a person who is married or in a civil union or in a de facto relationship, the cash assets of the person and his or her spouse or partner that are equal to or less than the amount in section 61EC(3)(a) of the Act:
(b) in the case of a sole parent, the cash assets of the person that are equal to or less than the amount in section 61EC(3)(a) of the Act:
(c) in any other case, the cash assets of the person that are equal to or less than the amount in section 61EC(3)(b) of the Act.
disadvantaged in the housing market, in relation to a person, means difficulty in obtaining rental housing because of-
(a) unlawful discrimination in relation to the provision of land, housing or other accommodation under section 53 of the Human Rights Act 1993; or
(b) other discrimination that is not a prohibited ground of discrimination within the meaning of section 21 of that Act; or
(c) unproven tenancy ability; or
(d) unproven payment ability (for example, lack of credit history).
52-week period, in relation to a particular kind of assistance under this programme, means a period of 52 weeks commencing on the date on which a payment of assistance of that kind is first made to an applicant or his or her spouse or partner.
GST means goods and services tax within the meaning of the Goods and Services Tax Act 1985.
housing, in relation to any person, means-
(a) premises that the person occupies or intends to occupy as a home; and
(b) as a tenant or owner of, as a boarder or lodger in,
or as a licensee of the premises.
HRTMA means the Housing Restructuring and Tenancy Matters Act 1992.
income limit, in relation to a person, means the income of the person and his or her spouse or partner that is equal to or less than-
(a) in the case of a non-beneficiary, the amount of income that would prevent payment of an accommodation supplement to the person (under clause 2 of Schedule 18 of the Act) if the person resided in Area 1 (as defined in that Schedule):
(b) in the case of a beneficiary who is being paid
New Zealand superannuation or a veteran's pension, the appropriate amount set out in Part 2 of Schedule 31 of the Act.
letting fees assistance is the recoverable special assistance under subpart 3 of Part 2.
Ministerial Direction on Eligibility for Social Housing means the direction given to the agency on 14 April 20141 pursuant to section 102(2)(a) of the HRTMA.
moving assistance is the recoverable special assistance under subpart 2 of Part 2.
moving costs has the meaning in clause 19.
non-beneficiary has the same meaning as in section 61E(1) of the Act.
other social housing, in relation to a person, means social housing other than the social housing the person occupies as a home.
residential criteria means the criteria specified in
clause 7.
social housing and social housing provider have the same meanings as in section 2(1) of the HRTMA.
sustainability has the same meaning as in clause 3 of the Ministerial Direction on Eligibility for Social Housing.
tenancy agreement means a tenancy agreement within the meaning of section 2(1) of the Residential Tenancies Act 1986 that meets the requirements of section 13 of that Act.
tenancy costs, in relation to tenancy costs cover, means costs that a tenant is liable to pay a landlord at the termination of a tenancy either under the terms of
the tenancy agreement or by order of the Tenancy Tribunal under the Residential Tenancies Act 1986.
tenancy costs cover means the recoverable special assistance under subpart 5 of Part 2.
tenant, in relation to any housing, means every person to whom the housing is let or to be let.
transition to alternative housing grant means a grant of non-recoverable special assistance under subpart 4 of Part 2.
(2) For the purpose of this programme, a person is awaiting allocation of social housing if the agency has assessed that the person is eligible for social housing but the person has not yet been allocated social housing by a social housing provider.
(3) Terms otherwise defined in section 3(1) of the Act have the same meanings in this programme.
5. Application of the Act-(1) Sections 12(1A)-(3), 63, 74(1)(a) and (d), 76, 80A, 81, 82(1) and (4), and 84 of the Act apply to and in respect of the following as if the special assistance under this programme were a benefit under the Act-
(a) this programme; and
(b) any applicant; and
(c) any spouse or partner of any applicant; and
(d) any other person who is an applicable person in respect of housing in respect of which assistance under this programme is granted; and
(e) any person to whom any assistance granted under this programme is paid pursuant to clause 9(b) or (c).
(2) Nothing in subclause (1) limits the application of any other provision of the Act.
6. Assistance is discretionary-(1) For the purposes of this programme, the chief executive may, in his or her discretion and subject to such conditions as the chief executive thinks fit, grant to an applicant assistance of any one or more of the kinds specified in Part 2 of this programme.
(2) However, assistance of a particular kind specified in Part 2 must not be granted under subclause (1)-
(a) unless the applicant meets the eligibility criteria specified in that Part relating to that kind of assistance; or
(b) if the grant would be contrary to any restriction specified in that Part relating to that kind of assistance; or
(c) if the amount of the grant would, in the chief executive's opinion, exceed or be likely to exceed the amount of money appropriated by Parliament
for the purpose of granting special assistance under this programme.
(3) Despite the provisions of subclause (1) and clauses 12, 18 and 25, the chief executive may, if he or she is satisfied that the applicant or the applicant's spouse or partner has not realised any assets available for the applicant's personal use, refuse to grant a bond grant, moving assistance or letting fees assistance to an applicant to whom the chief executive would otherwise grant that kind of assistance.
7. Residential criteria-A person meets the residential criteria if he or she meets the basic residential qualifications set out in clause 5(2) of the Ministerial Direction on Eligibility for Social Housing or is a person who is deemed by clause 5(3) of that direction to have met those qualifications.
8. Application for assistance required-(1) Assistance under this programme in respect of any housing must not be granted until the department has received-
(a) an application form (provided by the chief executive for the purpose) completed by or on behalf of the applicant in relation to the housing to the chief executive's satisfaction; and
(b) any supporting evidence reasonably required by the chief executive.
(2) The form referred to in subclause (1) does not have to refer to assistance of any particular kind.
(3) The chief executive may waive all or part of a requirement to provide information (including information specified in an application form) under subclause (1) if satisfied that the department or the agency-
(a) already holds the information concerned; or
(b) already holds enough other information to determine the matter for which the information concerned is needed.
9. Payment of assistance-The chief executive may, in his or her discretion, having regard to the kind of assistance, pay any assistance granted under this programme-
(a) to or on account of the applicant; or
(b) to the applicant's former or prospective landlord; or
(c) in any other manner the chief executive thinks fit.
Part 2
Specific Forms of Assistance
Subpart 1-Bond Grants
10. Purpose of this subpart-The purpose of this subpart is to allow for non-recoverable grants of special assistance towards the payment of bonds for alternative housing to specified people to help alleviate hardship by reducing their need to borrow to pay bonds.
11. Bond grant: eligibility-(1) An applicant who meets the residential criteria is eligible to be considered for a bond grant under this programme if-
(a) the applicant (whether alone or together with any other person) is either-
(i) a tenant of any social housing; or
(ii) a person who is awaiting allocation of social housing; or
(iii) a person who has contacted the department or the agency in regard to the person's housing need; and
(b) the applicant is a tenant under a tenancy agreement for alternative housing that requires the tenant or tenants to pay a bond; and
(c) in the chief executive's opinion having regard to sustainability, the applicant is likely to be able
to retain alternative housing.
(2) Subclause (1) is subject to clause 12.
12. Bond grant: ineligibility-An applicant is ineligible for a bond grant if he or she-
(a) has cash assets or income in excess of the cash assets limit or the income limit; or
(b) in the chief executive's opinion, has or will have access to a refund of a bond payment in respect of the person's former rental housing that is sufficient to cover the bond payment for the alternative housing.
13. Bond grant: restrictions on grant-Only one bond grant may be made to an applicant or his or her spouse or partner (if any) in a 52-week period.
14. Bond grant: principles to be applied in exercise of discretion to grant assistance-In exercising the discretion under clause 6(1), the chief executive must have regard to-
(a) the reasons the applicant needs bond grant assistance; and
(b) whether other assistance or an advance payment of a benefit under the Act in respect of a bond payment is available to the applicant; and
(c) any other matters the chief executive considers relevant.
15. Bond grant: amounts and limits-(1) The amount of any bond grant under clause 6(1) must be set by the chief executive within the limits set out in subclause (2).
(2) The total amount of a bond grant must not exceed the least of the following amounts:
(a) the amount of the bond payable by the applicant
for the alternative housing:
(b) an amount that is equivalent to four weeks' rent for that housing:
(c) $2,000.00.
Subpart 2-Moving Assistance
16. Purpose of this subpart-The purpose of this subpart is to allow for recoverable grants of special assistance towards the costs of people with low incomes moving to other social housing or alternative housing to help alleviate the hardship of having to meet those costs from their immediately available resources.
17. Moving assistance: eligibility-(1) An applicant who meets the residential criteria is eligible to be considered for moving assistance under this programme if-
(a) the applicant (whether alone or together with any other person) is-
(i) a tenant of any social housing; or
(ii) a person who is awaiting allocation of social housing; or
(iii) a person who has contacted the department or the agency in regard to the person's housing need; and
(b) the applicant is moving to-
(i) alternative housing and in the chief executive's opinion having regard to sustainability, the applicant is likely to be able to retain alternative housing; or
(ii) other social housing that in the chief executive's opinion is more suitable to the applicant's housing needs.
(2) Subclause (1) is subject to clause 18.
18. Moving assistance: ineligibility-An applicant is ineligible for moving assistance if he or she-
(a) has cash assets or income in excess of the cash assets limit and income limit; or
(b) has been granted assistance toward his or her moving costs by way of a grant for relocation costs under the Employment and Work Readiness Assistance Programme2.
19. Moving assistance: moving costs defined-(1) A cost is a moving cost only if the chief executive considers it is a cost essential for the applicant to incur to move the household furniture, appliances, and personal effects of
the applicant and any other person in the applicant's household into the alternative housing or other social housing.
(2) Without limiting subclause (1), the following costs are examples of moving costs:
(a) the costs of engaging a moving company:
(b) the costs of hiring a truck, van or trailer:
(c) actual and reasonable fuel costs.
(3) For the avoidance of doubt, costs relating to the transport of any person (for example airfares, bus or taxi fares) are not moving costs.
20. Moving assistance: principles to be applied in exercise of discretion to grant assistance-In exercising the discretion under clause 6(1), the chief executive must have regard to the following:
(a) the reasons the applicant needs the moving assistance; and
(b) whether other assistance or an advance payment of a benefit under the Act in respect of moving costs is available to the applicant; and
(c) any other matters the chief executive considers relevant.
21. Moving assistance: amounts and limits-(1) The amount of any moving assistance granted under clause 6(1) must be set by the chief executive having regard to the applicant's moving costs.
(2) A grant of moving assistance must not exceed $1,500.00 or $1,500.00 in total in a 52-week period.
22. Moving assistance recoverable-Any grant of moving assistance is a recoverable grant of assistance and the amount of the grant is a debt due to the Crown by
the applicant for the purpose of section 85A(d)(i) of the Act.
Subpart 3-Letting Fees Assistance
23. Purpose of this subpart-The purpose of this subpart is to provide grants of recoverable assistance to remove a financial barrier for certain low-income people moving into alternative housing for which letting fees are required to help alleviate the hardship of having to meet those costs from their immediately available resources.
24. Letting fees assistance: eligibility-(1) An applicant who meets the residential criteria is eligible to be considered for letting fees assistance under this programme if-
(a) the applicant (whether alone or together with any other person) is-
(i) a tenant of any social housing; or
(ii) a person who is awaiting allocation of social housing; or
(iii) a person who has contacted the department or the agency in regard to the person's housing need; and
(b) in the chief executive's opinion having regard to sustainability, is likely to be able to retain alternative housing; and
(c) requires assistance to pay letting fees in order to obtain alternative housing.
(2) Subclause (1) is subject to clauses 25 and 26.
25. Letting fees assistance: ineligibility-An applicant is ineligible for letting fees assistance if he or she-
(a) has cash assets or income in excess of the cash assets limit and income limit; or
(b) is a person who is, or whose spouse or partner is, eligible for assistance for letting fees by way of an advance payment of a benefit under the Act or under any other welfare programme established and approved under section 124(1)(d) of the Act.
26. Letting fees assistance: restrictions on grant-Only one grant of letting fees assistance may be made to an applicant or his or her spouse or partner (if any) in a
52-week period.
27. Letting fees assistance: amount-The amount of any grant of letting fees assistance is set by the chief executive but must not exceed an amount that is equivalent to one week's rent plus GST for the alternative housing in respect of which the assistance is sought.
28. Letting fees assistance recoverable-Any grant of letting fees assistance is a recoverable grant of assistance and the amount of the grant is a debt due to the Crown by the applicant for the purpose of section 85A(d)(i) of the Act.
Subpart 4-Transition to Alternative Housing Grant
29. Purpose of this subpart-The purpose of this subpart is to provide grants of non-recoverable financial assistance
to certain tenants of social housing to assist them to move to alternative housing and help alleviate hardship by reducing the impact on their overall financial situation of that move.
30. Transition to alternative housing grant: eligibility-(1) An applicant who meets the residential criteria is eligible to be considered for a transition to alternative housing grant under this programme if the chief executive is satisfied that the applicant (whether alone or with any other person)-
(a) is a tenant of any social housing; and
(b) is, in the chief executive's opinion having regard to sustainability, likely to be able to retain alternative housing; and
(c) has agreed with the chief executive and the social housing provider to voluntarily relinquish the tenancy of that social housing and move to alternative housing within a period not exceeding six months.
(2) Subclause (1) is subject to subclause (3) and clause 31.
(3) If more than one person is the tenant of the social housing-
(a) each of those tenants must meet the criteria in subclause (1), not be ineligible under clause 31, and agree as set out in subclause (1)(c); and
(b) only one transition to alternative housing grant may be made in relation to those tenants; and
(c) any transition to alternative housing grant granted under clause 6(1) is payable to the tenants as set out in clause 33.
31. Transition to alternative housing grant: ineligibility-An applicant is ineligible for a transition to alternative housing grant if-
(a) he or she is a tenant of any social housing whose housing eligibility has been reviewed under section 117(1)(b) of the HRTMA and the agency has determined that he or she is no longer eligible for social housing; or
(b) he or she has previously been granted a transition to alternative housing grant.
32. Transition to alternative housing grant: conditional grant-(1) The chief executive may, under clause 6(1), grant a transition to alternative housing grant to the applicant or applicants if the chief executive is satisfied that the applicant or applicants is or are eligible under clause 30 and not ineligible under clause 31.
(2) A transition to alternative housing grant pursuant to subclause (1) is a conditional grant and the amount of the grant is not payable unless the chief executive is satisfied that the following conditions have been met:
(a) the applicant has or (as the case requires) the applicants have fulfilled the agreement referred to in clause 30(1)(c) within the time so agreed; and
(b) all occupants of the social housing to which the agreement relates have vacated those premises.
33. Transition to alternative housing grant: amount and payment-The amount of a transition to alternative housing grant is a lump sum payment of $3,000.00 and is payable to
the applicant or, if there is more than one applicant, to the applicants in equal shares.
Subpart 5-Tenancy Costs Cover
34. Purpose of this subpart-The purpose of this subpart is-
(a) to provide recoverable special assistance to people who are disadvantaged in the housing market to alleviate the hardship of meeting end-of-tenancy liability to their private sector landlords in excess of the amounts of their bonds; and
(b) to thereby encourage private sector landlords to let housing to people disadvantaged in the housing market by providing assurance that end-of-tenancy costs will be met within specified limits.
35. Tenancy costs cover: eligibility-An applicant who meets the residential criteria is eligible to be considered for tenancy costs cover under this programme if the chief executive is satisfied that-
(a) the applicant (whether alone or together with any other person) is -
(i) a tenant of any social housing; or
(ii) a person who is awaiting allocation of social housing; or
(iii) a person who has contacted the department or the agency in regard to the person's housing need; and
(b) the applicant is or is likely to be disadvantaged
in the housing market; and
(c) the applicant is likely, in the chief executive's opinion having regard to sustainability, to be able to retain alternative housing; and
(d) in the case of an applicant who has previously been granted tenancy costs cover, either-
(i) there is no decision pending or likely to be made under clause 36(2) to make payment of that grant on a claim for payment made within the time specified in clause 36(3)(g); or
(ii) the chief executive is satisfied that grant is not payable because one or more of the conditions for payment of that grant specified in clause 36(3) have not been met.
36. Tenancy costs cover: conditional grant-(1) The chief executive may, under clause 6(1), grant tenancy costs cover to an applicant if the chief executive is satisfied that the applicant is eligible under clause 35.
(2) A grant of tenancy costs cover is a conditional grant and the tenancy costs cover is not payable unless the chief executive is satisfied that the conditions set out in subclause (3) are met.
(3) The conditions referred to in subclause (2) are-
(a) the applicant (either alone or with other applicable persons) entered into a tenancy agreement for alternative housing within a period of three months after the applicant was notified in writing of the grant of tenancy costs cover and the conditions of the grant; and
(b) the landlord of that housing entered into that tenancy agreement on the basis of the assurance in that notification that the applicant has been granted tenancy costs cover; and
(c) the applicable persons in respect of the housing have paid a bond required by the tenancy agreement for that housing of an amount equal to four weeks' rent for the housing; and
(d) the applicant and the landlord supplied a copy of the tenancy agreement and the receipt for the bond to the department or agency as soon as practicable after it was entered into or paid, as the case may be; and
(e) the tenancy agreement for that housing was subsequently terminated by either the landlord or the tenant within a period of 12 months after it was entered into; and
(f) the applicant and any other applicable persons have a liability to the landlord for tenancy costs in excess of the amount of the bond payment referred to in paragraph (c); and
(g) a claim for payment of tenancy costs cover has been made to the department by the applicant or the landlord within three months after termination of
the tenancy; and
(h) the applicant or landlord has supplied to the department all supporting evidence reasonably required by the chief executive to determine the claim.
37. Tenancy costs cover: amount-The amount of a payment of tenancy costs cover granted under clause 6(1) is the amount of the liability referred to in clause 36(3)(f) in excess of the bond payment referred to in clause 36(3)(c) but not exceeding an amount equivalent to four weeks' rent for the alternative housing in respect of which the cover was granted calculated at the rate of rent payable at the start of the tenancy under the tenancy agreement referred to in clause 36(3)(a).
38. Tenancy costs cover recoverable-Any payment of a grant of tenancy costs cover is a recoverable grant of assistance and the amount of the payment is a debt due to the Crown by the applicant for the purpose of section 85A(d)(i) of the Act.
Dated at Wellington this 26th day of June 2014.
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 welfare programme under the Social Security Act 1964, which comes into force on 1 July 2014, provides for the granting, in the discretion of the Chief Executive of
the Ministry of Social Development and within the limits set out in the programme, of special assistance to alleviate hardship in relation to housing. The programme provides for the following financial products and also aims to address barriers to accessing or retaining housing by meeting needs not covered by other forms of assistance:
- Bond grants (non-recoverable assistance to help meet the cost of tenancy bonds for rental housing other than social housing);
- moving assistance (recoverable assistance to help meet the costs of moving household furniture and effects);
- letting fees assistance (recoverable assistance to help meet letting fees charged for rental housing other than social housing);
- transition to alternative housing grants (non-recoverable assistance to help reduce the impact on an applicant's overall financial situation of moving from social housing and, consequently, reducing the disincentives of moving into alternative housing);
- tenancy costs cover (recoverable assistance to help meet liabilities to private sector landlords at the end of tenancies).
In general, assistance is available only to applicants who are tenants of social housing or awaiting allocation of social housing, or who contact the department or the social housing agency in relation to their housing needs, and are disadvantaged in the housing market.
Key to Annotation
1New Zealand Gazette, 17 April 2014, No. 41, page 1203
2New Zealand Gazette, 13 March 2014, No. 29, page 837