NEW ZEALAND GAZETTE

No. 23

568

9. Restrictions on Payments

Part 3 - Essential Needs

10. Need to be both Immediate and Essential

11. Payments for Essential Needs

12. Other Emergency Payments

Part 4 - Administration

13. Applications

14. Payments of Recoverable Assistance

15. Rules as to Recovery

P r o g r a m m e

1. Title and Commencement

1.1 This welfare programme is to be known as the Recoverable Assistance Programme and any grant of assistance under it is to be known as a recoverable assistance payment.

1.2 This programme comes into effect on the date the Minister gives approval to it.

2. Objectives of Programme

The objectives of this programme are to—

(a) provide interest free, recoverable financial assistance to non-Beneficiaries on equivalent low incomes for the stated essential and immediate needs set out in Part 3 of this programme;

(b) provide such financial assistance, complementary to the advance payments of Benefit available to Beneficiaries under the Act;

(c) ensure that the financial assistance set out in paragraphs (a) and (b) is provided within the limits and for the reasons prescribed; and

(d) facilitate the recovery of such financial assistance.

Part 1
General Provisions

3. Definitions

3.1 In this programme, unless the context otherwise requires,—

“52 Week Period”, in relation to a payment means the 52 weeks immediately preceding the date of application for it:

“Act” means the Social Security Act 1964:

“Applicant” means the person applying for a Payment under this programme, or, as the case may require, the person on whose behalf an application for a Payment is made:

“Cash Assets”, in relation to any person, means assets of that person and his or her Spouse (if any) that can be readily converted into cash and include—

(a) shares, stocks, debentures, bonus bonds, and other bonds;

(b) bank accounts, including fixed and term deposits with any bank, friendly society, credit union, or building society;

(c) money invested with or lent to any bank or other financial institution or other person;

(d) the 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; and

(h) the person’s share in any partnership;

but do not include—

(i) the motor vehicle principally used by the person 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 immediate family for day to day accommodation; or

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

“Departmental Debt Balance”, in relation to a person, means the outstanding amounts that may be recovered from the person under the Act:

“Health Agency” means any of—

(a) the Minister of Health;

(b) the Ministry of Health;

(c) a funder within the meaning of the Health and Disability Services Act 1993;

(d) a Hospital and Health Service within the meaning of that Act;

(e) the Accident Rehabilitation Compensation and Insurance Corporation;

(f) an insurer within the meaning of the Accident Insurance Act 1998; or

(g) the Secretary for War Pensions in respect of grants or subsidies for disability services made under the War Pensions Act 1954:

“Immediate Family”, in relation to a person, means—

(a) in the case of a married person, that person, his or her spouse, and each dependent child; and

(b) in the case of a sole parent, that person and each dependent child; and

(c) in the case of a dependent child, the child, his or her Parent, and each other Dependent Child of the Parent:

“Immediate Needs” means all of the applicant’s essential needs, including—

(a) the Applicant’s particular immediate need; and

(b) his or her ability to meet the regular and ongoing essential living expenses of himself or herself and those of his or her spouse (if any) and any dependent child:

“Invalid’s Benefit” means an invalid’s benefit under the Act:

“Parent”, in relation to a Child and other than in the term “Sole Parent”, means—

(a) if the Child is in the custody or care of both the child’s Parents, those Parents; or

(b) if the child is in the custody or care of only one parent, that parent; or

(c) if the Child is not in the custody or care of either the Child’s Parents, the Principal Caregiver of the child; or

(d) in a case of joint custody, in deciding whether paragraph (a) or paragraph (b) of this definition applies and which of the Child’s Parents ought to be considered as the Child’s Parent, the Chief Executive may have regard to the provisions of section 70B (2) of the Act:

“Particular Immediate Need” means a particular and immediate need for an essential item or service;