28 JANUARY NEW ZEALAND GAZETTE 203

Part 1

General Provisions

3. Definitions

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

‘‘52 Week Period’’, in relation to a grant, means the 52 weeks immediately preceding the date of application for the grant;

‘‘Act’’ means the Social Security Act 1964;

‘‘Applicant’’ means the person applying for a grant under this programme, or, as the case may require, the person on whose behalf an application for a grant is made;

‘‘Cash Assets’’, in relation to any person, means (except in clause 18.4) 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;

(d) the net 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;

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

but do not include—

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

(ii) the net equity in which is less than $2,000; or

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

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

‘‘District’’ has the meaning in clause 18.5;

‘‘Farmer’’ has the meaning in clause 18.5;

‘‘Former Programme’’ has the meaning in clause 22.1;

‘‘Funder’’ has the same meaning as in section 20 of the Health and Disability Services Act 1993;

‘‘Grant’’ means a special needs grant under this programme;

‘‘Health Agency’’ means any of the Minister of Health, the Ministry of Health, the Accident Rehabilitation Compensation and Insurance Corporation, an insurer within the meaning of the Accident Insurance Act 1998, a funder, or a hospital and health service;

‘‘Hospital and Health Service’’ has the same meaning as in section 2 of the Health and Disability Services Act 1993;

‘‘Immediate Family’’, in relation to a person, means—

(a) in the case of a married person, that person and his or her spouse and dependent children (if any); and

(b) in the case of a sole parent, means that person and his or her dependent children; and

(c) in the case of a dependent child, means the child and his or her parent and any other dependent children of that parent;

‘‘Income’’ means income within the meaning of section 3 (1) of the Act modified in accordance with clause 7.2 or clause 18.5;

‘‘Land Based Industry’’ has the meaning in clause 18.5;

‘‘Non-entitlement Period’’ means a period of 13 weeks when a person is not entitled to a benefit or part of a benefit under any of sections 60H, 115, or 116 of the Act;

‘‘Parent’’, in relation to a dependent child, means—

(a) if the child is in the custody or care of both of 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 of the child’s parents, the principal caregiver of the child, and 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 of the Act to assign responsibility for the care of the child to one or other of the child’s parents;

‘‘Refugee’’ has the meaning in clause 15.1.4;

‘‘Region’’ has the meaning in clause 18.5;

‘‘Secondary Health Service’’ has the meaning in clause 11.4.6.5;

‘‘Stand Down’’ means a stand down period under section 80BA of the Act.

3.2 Expressions otherwise defined in section 3 (1) of the Act are to have the meanings so defined unless the context otherwise requires.

Definitions child, dependent child, chief executive, principal caregiver, sole parent, spouse, Social Security Act 1964, s. 3

4. Application of the Social Security Act

4.1 Sections 3, 12, 62, 63, 63A, 64, 66, 66A, 66B, 68, 68A, 70, 71, 73, 74, 74A, 76, 77, 78, 80A, 81, 82, 82A, 83, 84, and 86J of the Act are to apply, with any necessary modifications, to this programme as if a grant under this programme were a benefit.

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

Definitions benefit, Social Security Act 1964, s. 3

5. Principles

In considering any application for a grant under any of Parts 3, 4, 5, or 6—

(a) the chief executive must consider—

(i) the applicant’s ability to meet the need from his or her own resources; and

(ii) the assistance that is or might be available to the applicant from other sources to meet the need; and

(b) the chief executive may consider the extent to which the applicant has caused or contributed to the immediate need or to the situation that has given rise to the immediate need.

Definitions chief executive, Social Security Act 1964, s. 3

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