4122
NEW ZEALAND GAZETTE
No. 172

8. Emergency benefits for care of patients
   Where clause 2 (a) and (b) apply to an applicant for an emergency benefit to care for a sick or infirm person (a ‘‘patient’’) to enable the patient to remain in his or her home—

(a) You should not, in the exercise of your discretion under section 61, consider granting that applicant an emergency benefit if the patient has the ability to pay for his or her care; and

(b) You should consider that the patient has that ability if the patient’s income exceeds by $2,600 or more—

(i) If the patient receives New Zealand superannuation, the gross rate of New Zealand superannuation that is payable to the patient and his or her spouse (if any); or

(ii) In any other case, the gross rate of an invalid’s benefit that is or would be payable to the patient and his or her spouse (if any) if the patient qualified for that benefit.

9. Patient’s income defined

(a) In clause 8, ‘‘income’’ means income within the meaning of section 3 (1) of the Act modified in accordance with paragraphs (b) to (d):

(b) The income of a patient includes the gross amount of the New Zealand superannuation or other benefit (being a community wage, emergency benefit, invalid’s benefit, or domestic purposes benefit under section 27G of the Act) payable to the patient and his or her spouse (if any):

(c) The income of a patient includes an assessed income of—

(i) Subject to paragraph (d), for an unmarried person, $5.20 per annum for each $10 of the patient’s cash assets in excess of $2,700:

(ii) For a married person, $5.20 per annum for each $10 of the cash assets of the patient and his or her spouse in excess of $5,400:

(d) If the applicant is applying for the emergency benefit to care for 2 unmarried patients, the income of each patient includes $2.60 per annum for each $10 of the combined cash assets of the patients in excess of $5,400:

(e) In paragraphs (c) and (d), cash assets do not include—

(i) Any interest in a policy of life insurance offered or entered into by a life insurer (within the meaning of either section OB 1 or OE 1 or OE 2 (1) of the Income Tax Act 1994); or

(ii) The capital value of any annuity owned beneficially by the patient or his or her spouse. For the avoidance of doubt, the annual value of any annuity is included in the income of the patient.

10. Cash assets may be disregarded in exceptional circumstances
    In calculating a person’s cash assets for the purpose of this direction, you may disregard some or all of the cash assets of that person and his or her spouse (if any) if, in your opinion, exceptional circumstances exist having regard to the following matters:

(a) Whether a refusal to grant an emergency benefit or community wage on hardship grounds to the applicant will—

(i) Increase the expenditure of the Crown directly or indirectly; or

(ii) Have a serious adverse effect on a person’s health or welfare:

(b) Whether the applicant is able to realise his or her cash assets for more than the appropriate cash asset limit:

(c) Whether the need for the emergency benefit or community wage is temporary:

(d) The amount of the person’s total assets, including assets that are not cash assets:

(e) Any other matters you consider are relevant to determining whether hardship would exist.

11. General discretion
    Nothing in this direction requires you to grant an emergency benefit, or a community wage on the grounds of hardship, if, in your discretion, you determine such grant ought not to be made.

go7368

Authorities and Other Agencies of State Notices

Civil Aviation Authority of New Zealand

Civil Aviation Act 1990

Airworthiness Directive

Pursuant to section 72(3)(a) of the Civil Aviation Act 1990, and to a delegation from the Director of Civil Aviation, I, Geoffrey Neil Connor, Safety Analyst—Continuing Airworthiness, hereby issue the following airworthiness directive:

DCA/R22/35

This airworthiness directive shall come into force on 15 October 1998.

This airworthiness directive may be viewed on the CAA website (www.caa.govt.nz) or at Aviation House, 1 Market Grove, Lower Hutt.

Dated this 12th day of October 1998.

GEOFFREY N. CONNOR, Safety Analyst—Continuing Airworthiness.

au7452

Notification of Ordinary Rules

Pursuant to section 34 of the Civil Aviation Act 1990, notification is hereby given of the ordinary rules set out in the Schedule hereto which rules shall come into force as stated in the Schedule.