4 NOVEMBER
NEW ZEALAND GAZETTE
3895

Dated this 29th day of October 1999.

R. M. SOWRY, Minister of Social Services, Work and Income.

A n a l y s i s

1. Title and commencement
2. Interpretation
3. Objective
4. Application of Social Security Act 1964
5. Defence Force Allowance: Entitlement
6. Rates of Defence Force Allowance
7. Period for which Defence Force Allowances payable
8. Payment of Defence Force Allowances
9. Administration

P r o g r a m m e

1. Title and commencement

1.1. This programme is called the Defence Force Allowance Programme.

1.2. This programme commences on 1 November 1999.

2. Interpretation

2.1. In this programme and its Schedule, unless the context otherwise requires,—

“AS” means Australian dollars:

“Act” means the Social Security Act 1964:

“Chief Executive” means the chief executive of the Department:

“Chief of Defence Force” means the person holding that office under the Defence Act 1990:

“Day” means a period of 24 hours or part thereof:

“Defence Force Allowance” or “Allowance” means a Defence Force Allowance granted under this programme:

“Department” means the department for the time being responsible for administration of the Act:

“Member of the NZDF” means—

(a) An officer, a rating, a soldier, or an airman; or

(b) A member of the Civil Staff,—

as those terms are defined in the Defence Act 1990; and “NZDF Personnel” has a corresponding meaning:

“NZ$” means New Zealand dollars:

“NZDF” means the New Zealand Defence Force constituted under the Defence Act 1990:

“NZDF Allowance” means a NZDF Operational Incidents Allowance, a NZDF Operational Allowance, or any other regular force non-operational allowance prescribed by the Chief of Defence Force (other than Sea Going Allowance or Higher Duties Allowance):

“NZDF Operational Allowance” means the Operational Allowance in relation to any specified service prescribed by the Chief of Defence Force immediately prior to the commencement of this programme:

“NZDF Operational Incidents Allowance” means the Operational Incidents Allowance in relation to any specified service prescribed by the Chief of Defence Force immediately prior to the commencement of this programme:

“Prescribed” means prescribed under section 45 of the Defence Act 1990:

“RNZN” means the Royal New Zealand Navy:

“US$” means United States of America dollars.

3. Objective

3.1. The objective of this programme is to provide financial assistance to NZDF personnel serving overseas in an operational role in recognition of the additional responsibilities and hardships faced by those personnel and their families as a result of that service.

4. Application of Social Security Act 1964

4.1. Sections 12, 62, and 84 of the Act apply, with any necessary modifications, to this programme as if a Defence Force Allowance under this programme were a benefit under the Act.

4.2. Nothing in clause 4.1 limits any other provision of the Act.

5. Defence Force Allowance: Entitlement

5.1. The Chief Executive must grant a Defence Force Allowance to every person whom the Chief of Defence Force or his delegate certifies is a Member of the NZDF for the time being serving in any of the deployments referred to in the Schedule.

5.2. The Chief Executive must grant a Defence Force Allowance to every person whom the Chief of Defence Force or his delegate certifies—

5.2.1. Is a Member of the NZDF who served in any of the deployments referred to in paragraphs 1 to 3 of the Schedule on or after 21 September 1999 but before the commencement of this programme; and

5.2.2. Received, or is entitled to receive, from the NZDF in respect of that service, a NZDF Operational Allowance.

6. Rates of Defence Force Allowance

6.1. The daily amount of a Defence Force Allowance granted under clause 5.1 is the total of the daily amounts of the appropriate allowances set out in the Schedule.

6.2. The daily amount of a Defence Force Allowance granted under clause 5.2 is the daily amount of the appropriate operational allowance (other than an operational incidents allowance) set out in paragraph 1 or paragraph 2 of the Schedule, less the daily amount of any NZDF Operational Allowance (after the deduction of income tax) paid or payable by the NZDF in respect of the service.

6.3. There shall be deducted from the amounts payable under clause 6.1 and clause 6.2 the daily amount (after the deduction of income tax) of any other regular force non-operational allowance (other than Sea Going Allowance or Higher Duties Allowance) prescribed by the Chief of Defence Force in respect of the period of service for which the Defence Force Allowance is payable.

7. Period for which Defence Force Allowances payable

7.1. A Defence Force Allowance granted to a Member of the NZDF under clause 5.1—

7.1.1. Is payable from—

(a) In the case of a deployment referred to in paragraphs 1 to 3 of the Schedule, the later of the date of commencement of this programme or the date of the Member’s arrival in theatre; or

(b) In the case of a deployment referred to in paragraphs 4 to 9 of the Schedule, the later of 5 November 1999 or the date of the Member’s arrival in theatre,—