24 JUNE NEW ZEALAND GAZETTE 1687

Justice

Legal Services Act 1991

Legal Services Board Appointments

Pursuant to section 98 (f) of the Legal Services Act 1991, the Minister of Justice has been pleased to reappoint

Margaret Alison Boyd-Bell, accountant of Auckland, and

Janet Mary Hesketh, administrator of Wellington

and further appoint, pursuant to section 98 (d) of the said Act

Sharon Ellen Barcello Gemmell, co-ordinator of Marlborough

and further appoint, pursuant to section 98 (e) of the said Act

Alan Donald McKenzie, barrister and solicitor of Wellington

each as a member of the Legal Services Board for a term of 3 years on and from the date hereof.

Dated at Wellington this 3rd day of June 1999.

COLIN KEATING, Secretary for Justice.

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Social Welfare

Social Security Act 1964

Direction by Minister of Social Services, Work and Income

To: The Chief Executive of the Department of Work and Income

Pursuant to section 5 of the Social Security Act 1964, I, Roger Morrison Sowry, Minister of Social Services, Work and Income, give you the following direction.

This direction replaces and revokes the previous directions relating to Advance Payment of Benefits given to the Director-General of Social Welfare and in force, in relation to you, by virtue of section 10 of the Employment Services and Income Support (Integrated Administration) Act 1998.

Advance Payment of Benefits

This direction applies where a Beneficiary makes application for an advance payment of a Benefit under section 82 (6) of the Social Security Act 1964.

In considering whether an advance payment of a Benefit would best meet the Immediate Needs of a Beneficiary and in exercising your discretion to make such payment, you are to apply the following provisions.

A n a l y s i s

1. Interpretation

2. Identifying Particular Immediate Need

3. Determining whether an Advance would Best Meet the Immediate Needs of the Beneficiary

4. Amount of Advance

5. Repayment of Advance

6. Exercise of Discretion

7. Advances for Particular Needs

1. Interpretation

1.1 In this direction, unless the context otherwise requires,—

“Act” means the Social Security Act 1964;

“Advance” means an advance payment of a Benefit under section 82 (6) of the Act;

“Cash Assets”, in relation to any person—

(a) mean assets of that person and his or her Spouse (if any) that can be readily converted into cash and include—

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

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

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

(iv) the net equity held in any property or land not used as the person’s home;

(v) building society shares;

(vi) mortgage investments and other long term loans;

(vii) bills of exchange or promissory notes;

(viii) the applicant’s share in any partnership; but

(b) do not include—

(i) the motor vehicle principally used by the person for his or her personal use;

(ii) a caravan, boat, or other vehicle the net equity in which is less than $2,000;

(iii) a caravan, boat, or other vehicle which is used by the person or a member of his or her immediate family for day to day accommodation;

(iv) the personal effects of the person and his or her Spouse (if any);

“Immediate Needs”, in relation to a Beneficiary, means all of the Beneficiary’s essential needs, including—

(a) the Beneficiary’s Particular Immediate Need; and

(b) his or her ability to meet the regular and ongoing essential living expenses of the Beneficiary and his or her Spouse and Dependent Children (if any);

“Invalid’s Benefit” means an invalid’s Benefit under section 40 of the Act;

“Particular Immediate Need”, in relation to a Beneficiary, means a particular and immediate need for an essential item or service.

Note: Except in headings, words, or phrases whose words begin with capital letters refer to a term defined in clause 1.1 or in section 3 (1) of the Act.

2. Identifying Particular Immediate Need

2.1 To be considered for an Advance, a Beneficiary must be able to identify a Particular Immediate Need.

2.2 In determining if a Particular Immediate Need exists, you are to have regard to the following matters:

(a) the effect on the Beneficiary or the Beneficiary’s Spouse or any Dependent Child if the need is not met:

(b) when that effect might be expected to impact on that or those persons:

(c) the Beneficiary’s ability to meet the need from the Beneficiary’s own resources.

2.3 A Beneficiary can generally be expected to be able to meet a Particular Immediate Need if the Beneficiary and his or her Spouse (if any) has—