15 OCTOBER NEW ZEALAND GAZETTE 4121

(d) The net equity held in any property or land not used as the person’s home;

(e) Building society shares;

(f) Mortgage investments and other long term loans;

(g) Bills of exchange or promissory notes;

(h) The applicant’s share in any partnership;—
but do not include—

(i) The motor vehicle principally used by the applicant for his or her personal use;

(j) A caravan, boat, or other vehicle—

(i) The net equity in which is less than $2,000; or

(ii) Which is used by the person or a member of his or her family for day to day accommodation;

(k) The personal effects of the person and his or her spouse (if any);

“Course” means a full-time course within the meaning of the Student Allowances Regulations 1998;

“Gross amount”, in relation to a benefit, means the amount of that benefit before the deduction of income tax;

“Student Allowance” means a basic grant or an independent circumstances grant under the Student Allowances Regulations 1998;—
and terms otherwise defined in section 3 (1) of the Act have the meanings so defined.

2. Hardship: general criteria
   Where an applicant who is not a full-time student—

(a) Has cash assets of or less than—

(i) $4,300, where the applicant is unmarried; or

(ii) $7,464, where the applicant is married or is unmarried with at least 1 dependent child; and

(b) Has no other means to support himself or herself or his or her dependent spouse or dependent children,

you may consider that applicant to be suffering hardship.

3. Hardship: full-time students
   Where an applicant who is a full-time student—

(a) Has cash assets of or less than—

(i) $4,300, where the applicant is unmarried; or

(ii) $7,464, where the applicant is married or is unmarried with at least 1 dependent child; and

(b) Has no other means to support himself or herself or his or her dependent spouse or dependent children; and

(c) Either—

(i) Has been receiving a student allowance during the academic year; or

(ii) At the time of the application is entitled to a student allowance or would be entitled to a student allowance but for the fact the course he or she intends to enrol in or has enrolled in has not commenced,

you may consider the applicant to be suffering hardship.

4. Hardship: full-time students: further criteria
   Where clause 3 (a) and (b) apply to an applicant who is a full-time student, but the applicant—

(a) Has not received a student allowance during the academic year; or

(b) At the time of the application for the benefit, is not entitled to a student allowance, or would not be entitled to a student allowance if he or she was attending a course,

the applicant should not be considered to be suffering hardship unless, having regard to the following matters, you believe that such a determination is justified:

(c) The sources of money for living costs which have been or are available to the applicant to support himself or herself, including a student loan;

(d) Any decision by the applicant not to access any source of money available to him or her for living costs, including a student loan;

(e) The reasons why the applicant is not entitled to a student allowance;

(f) Where the applicant would not be eligible for a student allowance because of parental income, his or her parents’ financial circumstances;

(g) The causes of the applicants hardship (if hardship exists);

(h) The nature and likely duration of that hardship;

(i) The health of the applicant;

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

(k) Any other matters that in the particular case you consider to be relevant.

5. Emergency benefits for people aged 16 or 17 attending social rehabilitation programmes
   Where clause 2 (a) and (b) apply to an applicant who is—

(a) Aged 16 or 17 years; and

(b) Not qualified to receive an invalid’s benefit under section 40 of the Act; and

(c) Attending a social rehabilitation programme approved by you,

you may grant an emergency benefit to the applicant.

6. Emergency benefits for people aged 16 or 17 who are pregnant or sole parents
   Where clause 2 (a) and (b) apply to an applicant—

(a) Who is aged 16 or 17 years; and

(b) Who is—

(i) Pregnant; or

(ii) A sole parent; and

(c) Whose parent or parents are unable to support the applicant because the parent’s or parents’ income would only be sufficient to qualify for the receipt of family support under the Income Tax Act 1994,

you may grant an emergency benefit to the applicant.

7. Rates of emergency benefit for certain people who are 16 or 17
   The rate of an emergency benefit granted under clause 5 or clause 6 must not, in the absence of exceptional circumstances, be more than:

(a) For a person granted the benefit under clause 5, the rate in clause 1 of the Twenty-sixth Schedule of the Act.

(b) For a person granted the benefit under clause 6—

(i) If that person is living with a parent (as that term is defined in section 3 (1) of the Act), 80 percent of the rate in clause 1 of the Twenty-sixth Schedule of the Act; or

(ii) For any other person, the rate in clause 1 of that Schedule.