24 APRIL NEW ZEALAND GAZETTE

Justice

District Courts Act 1947

Acting District Court Judge Appointed

Pursuant to section 10A of the District Courts Act 1947, His Excellency the Governor-General has been pleased to appoint

John Russell Callander, retired District Court Judge to be an Acting District Court Judge, to exercise civil and criminal jurisdiction, and to exercise the criminal jurisdiction of the District Courts under Part IIA of the District Courts Act 1947, at such place or places and for such period or periods only as the Chief District Court Judge may fix, pursuant to the said section 10A of the District Courts Act 1947, for a term of 12 months on and from the 28th day of April 1997.

Dated at Wellington this 1st day of April 1997.

D. A. M. GRAHAM, Minister of Justice.

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Acting Chief District Court Judge Appointed

Pursuant to section 5 (A), subsection 4, of the District Courts Act 1947, His Excellency the Governor-General has been pleased to appoint

Neville Clark Jaine, District Court Judge of Wellington to be Acting Chief District Court Judge, for the period Monday, 19 May 1997 until Friday, 30 May 1997.

Dated at Wellington this 1st Friday of April 1997.

D. A. M. GRAHAM, Minister of Justice.

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Social Welfare

Social Security Act 1964

Direction by Minister of Social Welfare

In the matter of section 5 of the Social Security Act 1964:

To: The Director-General of Social Welfare

Pursuant to section 5 (2) of the Social Security Act 1964, (“the Act”), I, Roger Morrison Sowry, Minister of Social Welfare, give you the following direction.

Part 1

Grants of Special Benefit

In the exercise of your discretion to grant a special benefit under section 61G of the Act, and without derogating from your duty to have regard to the particular financial circumstances and commitments of the applicant, you must have regard to the following matters.

General Principles

1. That the intention of a special benefit under the Act is to alleviate financial hardship and that a special benefit should not to be granted unless without the grant, the applicant or a person dependent upon the applicant would suffer financial hardship.

2. That a special benefit should not normally be granted unless the applicant’s Deficiency of Income over his or her expenditure and commitments is reasonably substantial, and that Deficiency is likely to continue for a period that justifies special benefit being granted.

3. That a special benefit should be considered only in respect of costs of the applicant that are essential and not reasonably avoidable.

4. That in considering any application for special benefit, consideration should be given to—

   (a) The applicant’s ability to meet the Deficiency from the applicant’s own resources; and

   (b) The assistance that is or might be available to the applicant from other sources to meet the applicant’s Deficiency.

   In particular, when considering—

   (c) An application for a special benefit by a full-time student or the student’s dependent spouse, you should take into account the availability of financial support during the academic year under the student allowance or student loan schemes; or

   (d) An application for special benefit for the costs of any essential health services or disability services (as those terms are defined in the Health and Disability Services Act 1993), you should take into account the assistance available under that Act,—

   and special benefit should not normally be considered for expenses normally covered by the assistance available under those schemes or that Act unless the applicant has exhausted his or her entitlements under those schemes or that Act.

Assessment Procedure

5. That subject to clauses 7 and 8, you should regard as justified the fixing of a special benefit at a rate that is the lesser of a and b if—

   (a) The applicant has cash assets of not more than—
   (i) For a single person, 4 x sib; or
   (ii) For a married person or a sole parent, 4 x mib; and

   (b) The applicant’s Disposable Income is less than the applicant’s Standard Costs.

Definitions for the Purposes of Clause 5

In this clause—

a is the applicant’s Standard Costs less the applicant’s Disposable Income less c;

b is 30% of the applicant’s Allowable Costs;

c is—
(i) $10 a week before 1 July 1997; and
(ii) $5 a week on and after 1 July 1997;

mib is the maximum weekly rate of invalid’s benefit payable to a married couple;

sib is the maximum weekly rate of invalid’s benefit payable to an unmarried person.

Example as at 1 July 1997

A single unemployment beneficiary with 2 dependent children, whose weekly chargeable income is $210.45 and whose weekly allowable costs are $94.30:

Special Benefit Calculation

Chargeable income $210.45
less allowable costs $ 94.30
= Disposable income $116.15
Standard costs $143.70

less Disposable Income $116.15
= Deficiency $ 27.55
less c $ 5.00
= a $ 22.55