14 JANUARY NEW ZEALAND GAZETTE 61

Education (Early Childhood Centres) Regulations 1998; or

(b) a family daycare programme approved by the Secretary for Education which is subject to the Education (Homebased Care) Order 1992; or

(c) a Te Kohanga Reo chartered by the Te Kohanga Reo National Trust; or

(d) a fee charging kindergarten licensed by the Ministry of Education and affiliated to either the New Zealand Free Kindergarten Association Inc., or the Kindergarten Federation; or

(e) a fee charging playcentre licensed by the Ministry of Education and affiliated to the New Zealand Playcentre Federation:

“Seriously disabled or ill”, in relation to a person, means the person has a condition which results in a reduction of the person’s independent function and is likely to continue for at least 6 months:

“Week”, means a calendar week commencing on a Monday and ending on the following Sunday:

“Year”, in relation to a childcare subsidy or an OSCAR subsidy, means the period of 52 weeks commencing on the date of grant for the subsidy:

(2) Terms otherwise defined in section 3 (1) of the Act have the meanings so defined, except where the context otherwise requires.

3. Application of the Social Security Act 1964

Sections 12, 62, 64, 66, 66A, 66B, 68, 68A, 70B, 71, 71A, 73, 74, 74A, 77, 80 (1), 80A, 80BD (1), 81, and 84 of the Act apply to this programme, and to applicants for assistance under this programme, as if the special assistance available under this programme were a benefit under the Act.

4. General Provisions

(1) The rate of childcare subsidy or OSCAR subsidy must not exceed the actual fee paid for—

(a) the eligible child’s attendance at the pre-school facility or OSCAR programme; or

(b) where clause 5 (2) applies, keeping the eligible child’s place open.

(2) A childcare subsidy or OSCAR subsidy may continue to be paid for up to 12 weeks during a period when the eligible child’s principal caregiver, or where applicable, other caregiver, is unable to work due to sickness, illness, injury, or disability, if that subsidy would not otherwise be payable because of that inability.

(3) Where the eligible child’s principal caregiver’s, or where applicable, other caregiver’s, employment has ceased, but he or she has arranged new employment, a childcare subsidy or OSCAR subsidy may continue to be paid for up to 10 working days before the start of the new employment.

(4) The number of hours attended by the eligible child at a pre-school facility or an OSCAR programme must be calculated on a weekly basis.

(5) Where a child for whom a child disability allowance is payable is aged 5, either a childcare subsidy or an OSCAR subsidy may be paid in respect of that child, but not both.

5. Notice of Absence

(1) Whenever an eligible child is absent from a pre-school facility or OSCAR programme the applicant must advise an officer of the department, within a reasonable time, of the child’s absence.

(2) A childcare subsidy or OSCAR subsidy may be paid for up to 35 days per year during any period when—

(a) the pre-school facility or OSCAR programme is open; but

(b) the eligible child is unable to attend because—

(i) of injury or illness; or

(ii) he or she is on holiday; or

(iii) family bereavement; and

(c) a fee is charged by the pre-school facility or OSCAR programme to keep that child’s place available.

6. Application for Childcare Subsidy or Oscar Subsidy

(1) Every application for a childcare subsidy or OSCAR subsidy must be on such form as the chief executive requires.

(2) The applicant must supply such evidence as the chief executive requires to satisfy the chief executive that the applicant is eligible for a childcare subsidy or OSCAR subsidy under Part 2 or Part 3 of this programme.

PART 2

Childcare Subsidy

7. Objectives

The objectives of the childcare subsidy are to assist low income caregivers who have dependent children—

(a) to undertake and remain in employment;

(b) to undertake education or training;

(c) who are seriously disabled or seriously ill; or

(d) who are themselves seriously disabled or seriously ill;

by helping them obtain access to a pre-school facility.

8. Eligibility for Childcare Subsidy

(1) The chief executive may pay a childcare subsidy in respect of an eligible child for up to 9 hours a week, where the child’s principal caregiver is not engaged in an activity.

(2) Subject to subclause (4), the chief executive may pay a childcare subsidy for up to 30 hours per week, in respect of an eligible child whose principal caregiver is seriously disabled or ill, where a registered medical practitioner has certified as to this and to the principal caregiver’s requirement for childcare for more than 9 hours per week.

(3) Subject to subclause (4), the chief executive may pay a childcare subsidy for up to 30 hours per week in respect of an eligible child—

(a) during the time the child’s principal caregiver is engaged in an activity (including any time taken by the principal caregiver in travelling between the pre-school facility and the activity); or

(b) where the principal caregiver is engaged in shift employment, in respect of the hours the caregiver is engaged in that employment (whether or not the child attends the pre-school facility during those hours or at other times when the caregiver intends to sleep).

(4) Except where subclause 5 (c) or subclause 6 (b) (i) applies a childcare subsidy is not payable under subclause (2) or subclause (3) where an eligible child’s other caregiver is not engaged in an activity, unless the chief executive considers that for a good reason the other caregiver is unable to care for the child.

(5) In this Part, “eligible child”, means a dependent child who is—

(a) under the age of 5; or

(b) aged 5, and not yet attending a school (but the child ceases to be an eligible child 4 weeks after attaining the age of 5); or