3586

Social Services, Work and Income

Social Security Act 1964

Special Needs Grants Amendment (No. 3)

Pursuant to section 124 (1) (d) of the Social Security Act 1964, I, Roger Morrison Sowry, Minister of Social Services, Work and Income, approve the following amendments to the Special Needs Grant welfare programme (as established and approved by me on 18 December 1998), which are to be read with and considered part of the programme.

Dated the 9th day of September 1999.

HON. ROGER SOWRY, Minister of Social Services, Work and Income.

A m e n d m e n t s

1. Special Assistance for Emergency Relocation Costs

1.1 The programme is amended by inserting, after clause 15.4.2, the following clauses:

15.5 Emergency Relocation Costs

15.5.1 Eligibility: This clause applies to an Applicant—

(a) whose safety is under an ongoing threat of severe violence from another person; and

(b) who has exhausted all other options of relocating within New Zealand to avoid the threat; and

(c) who intends to reside in Australia until the threat is averted; and

(d) whose application for a Grant is supported by a referral by the Commissioner of Police, or a senior officer of the New Zealand Police with the delegated authority of the Commissioner for the purpose, which confirms the matters set out in paragraphs (a) to (c), and that it is necessary for the Applicant’s safety that the Applicant relocate outside New Zealand.

15.5.1 Travel, Set-up, and Living Expenses Grants: Where clause 15.5.1 applies to an Applicant, the chief executive may, subject to clauses 15.5.3, 15.5.8, 15.5.10, and 15.5.11 make the following types of Grants to the Applicant?

(a) a non-recoverable Travel Grant to pay for the following costs of relocating the Applicant to Australia:

(i) passport fees, as necessary;

(ii) New Zealand departure taxes;

(iii) economy class airfares for the Applicant;

(iv) economy class airfares for any Accompanying Persons:

(b) a non-recoverable Set-up Grant up to a maximum of $5,000.00 for the reasonable set up costs in Australia of the Applicant and any Accompanying Persons, for furniture, rent bonds, and deposits or initial payments for essential services:

(c) non-recoverable Living Expenses Grants for the living expenses in Australia of the Applicant and any Accompanying Persons.

15.5.3 Ineligibility for Travel and Set-up Grants: Where the Applicant is currently on the New Zealand Witness Protection Programme (administered by the New Zealand Police), the Applicant is not eligible for a Travel Grant or a Set-up Grant.

15.5.4 Cash Assets not to prevent Grants: Despite clause 8.1, where clause 15.5.1 applies to an Applicant and the Applicant’s Cash Assets exceed the appropriate amount in clause 8.3, the chief executive may make Grants in respect of the Applicant under clause 15.5.2.

15.5.5 Cash Assets may reduce Grants: Where clause 15.5.4 applies, any Grants under clause 15.5.2 must be reduced by the amount the Applicant’s Cash Assets exceed the appropriate Cash Assets limit in clause 8.3.

15.5.6 Amount of Living Expenses Grants: The amount of any Living Expenses Grant may be no more than the amount of the Parent Benefit and accommodation supplement that would be payable under the Act in New Zealand to the Applicant and Accompanying Spouse (if any) in respect of the relevant period.

15.5.7 Amount of accommodation supplement: For the purpose of calculating the amount of any Living Expenses Grant, the weekly amount of accommodation supplement that would be payable in New Zealand is the amount in paragraph (a) of whichever of clauses 1 to 3 of Part II of the Eighteenth Schedule of the Act is appropriate to the circumstances of the Applicant (other than the Applicant’s type of accommodation).

15.5.8 Beginning of Living Expenses Grants: No Living Expenses Grant may be made until after the end of any entitlement the Applicant and Accompanying Spouse (if any) have under section 77 of the Act or section 17A of the Social Welfare (Transitional Provisions) Act 1990 to continue to be paid a benefit during his, her, or their absence from New Zealand.

15.5.9 Ending of Living Expenses Grants: Living Expenses Grants may be made until the earliest of the following events:

(a) the end of the Australian Waiting Period:

(b) when the Applicant no longer fulfils the eligibility requirements for the Parent Benefit:

(c) if the Applicant leaves Australia.

15.5.10 Grants may be recoverable: A Grant made under clause 15.5.2 is recoverable to the extent the chief executive determines that the Grant has not been used for the purpose for which it was made.

15.5.11 Acknowledgment required: Before the chief executive makes a Grant under clause 15.5.2, the Applicant must sign a statement acknowledging that he or she understands that—

(a) any benefit the Applicant and Accompanying Spouse (if any) is receiving will be cancelled; and

(b) the Grant is intended to cover the specific purposes referred to in clause 15.5.2 and no other payments under this programme will be made in respect of the same period or circumstances; and

(c) the Travel Grant and Set-up Grant are to enable the Applicant and any Accompanying Persons to travel to and set up in Australia, to avert the threats to the Applicant’s safety; and

(d) the Applicant is expected to use the Living Expenses Grants for living expenses in Australia