NEW ZEALAND GAZETTE

No. 39

b is 30% of allowable costs ($94.30) = $28.29

A special benefit that is the lesser of a and b is justified,
i.e., $22.55, subject to paragraphs 7 and 8.

6. That subject to clauses 7 and 8, a special benefit should be considered justified in respect of a person receiving training benefit under the Act who incurs additional costs because he or she is undergoing training away from his or her usual home. The rate of the special benefit considered justified should be the lesser of—

(a) The additional weekly Accommodation Costs incurred; and

(b) $100 per week.

7. That upon completion of the appropriate calculation set out in clause 5 or clause 6, you shall consider whether there is justification for increasing or decreasing the rate of special benefit paid to the applicant, or to fix or decline to fix an entitlement to special benefit, having regard to the principles set out in clauses 1 to 4 and to the following matters:

(a) Whether the applicant has any special or unusual financial expenditure compared to others in a similar general position to the applicant and the extent of any such expenditure;

(b) Whether the applicant has any special or unusual reasons for any expenditure item that has caused or contributed to his or her Deficiency;

(c) The nature of the financial difficulty, and the likely duration of the Deficiency;

(d) The age and health of the applicant and his or her dependents and any special needs arising from that age or health;

(e) The ability of the applicant to improve his or her financial situation;

(f) The causes of the applicant’s financial difficulty;

(g) The extent to which the basic necessities of life for the applicant or his or her dependents would be at risk if a grant of special benefit at the rate calculated, or another rate, was not made;

(h) Any other matters that in the circumstances of the particular case, you consider to be relevant.

8. That nothing in this Part requires you to grant a special benefit, or a special benefit at any particular rate, if, in your discretion, you determine that in the circumstances of the particular case, such grant ought not to be made.

Application of Direction

9. That this Direction should be applied to applications for special benefit made on or after the 1st day of April 1997, and in respect of any reviews of that benefit on or after that day.

Part 2

Administration of the Special Benefit Programme

1. In administering the programme of special benefits, you are to ensure that where practicable, persons receiving special benefit under the Act receive appropriate advice with the objective that wherever possible, their need for a special benefit is eliminated or reduced within 6 months after the later of—

(a) The date of any grant of a special benefit after the date of this direction; or

(b) Any review of a special benefit after the date of this direction.

2. Cases where special benefit is being paid at a rate of more than $50 a week should receive priority under clause 1.

Part 3

Definitions

In this direction, the following definitions are used:

Accommodation Costs has the meaning in section 61E of the Act;

Allowable Costs, in relation to an applicant and subject to section 68A of the Act, means any regular essential expenses reckoned on a weekly basis arising out of the special circumstances of the applicant and his or her spouse (if any) which cannot readily be avoided or varied, and include—

(a) The applicant’s actual Accommodation Costs including arrears, provided that any arrears incurred while the person was in receipt of accommodation benefit, accommodation supplement, rent rebate allowance, or tenure protection allowance under the Act are not to be included; and

(b) Hire purchase and other types of regular payments for a washing machine or a refrigerator or a television set or for household furniture where the acquisition of that item was essential; and

(c) Disability related expenses, being expenses of a kind for which a disability allowance would be payable under section 69C of the Act (but not including any counselling costs in excess of the amount made available by way of disability allowance under the Act); and

(d) Motor vehicle repayments and reasonable running costs where—

(i) The vehicle is required for the transport of the applicant or his or her spouse to and from paid employment; or

(ii) The applicant or a member of his or her family suffers chronic illness or has a disability and the vehicle is required for that person’s transport,— and no suitable public transport is available;

(e) Motor vehicle repayments for an applicant who is a beneficiary where—

(i) There is no public transport available; and

(ii) The agreement to acquire the vehicle on terms was entered into prior to the applicant applying for the benefit;

(f) The costs of public transport to and from paid employment;

(g) The costs of essential child care (after deducting any child care subsidy payable under the Child Care Subsidy Welfare Programme)—

(i) To enable the applicant or his or her spouse to take part in paid employment; or

(ii) Because the applicant or his or her spouse is seriously disabled or seriously ill;

(h) For a person for whom a telephone is a necessity by reason of his or her—

(i) Health or disability or family circumstances; or

(ii) Personal safety or security (for example, an elderly person living on his or her own, or a separated person with a non-molestation order against the spouse); or

(iii) Employment (for example, an electrical worker on call 24 hours per day),—

the basic cost of a telephone (excluding toll charges),— but do not include—

(i) Any fixed charges made in respect of a line or pipe