3996

NEW ZEALAND GAZETTE

No. 154

average regional rent means the appropriate average regional rent set out in the Schedule

commencement date means the date on which this programme comes into effect

former special transfer allowance programme means the special transfer allowance programme approved under section 124 (1) (d) of the Act on 6 September 1996 (the approval of which is revoked by clause 13)

HNZ housing means premises (whether owned by the Crown, Housing New Zealand Limited, or any other person) let by or on behalf of Housing New Zealand Limited for occupation by any person as a place of residence

premises means any premises let to a person for occupation as a place of residence

qualifying person means a person who was a qualifying person (within the meaning of section 61FC of the Act (before its repeal by section 7 of the Housing Restructuring (Income-Related Rents) Amendment Act 2000)) in respect of premises for which a tenure protection allowance was payable

recipient means a person granted an allowance under this programme

tenure protection allowance means the allowance provided for under section 61FC of the Act (before its repeal by section 7 of the Housing Restructuring (Income-Related Rents) Amendment Act 2000)

(2) Expressions otherwise defined in sections 3 (1) and 61E and in the Eighteenth Schedule of the Act have the meanings so defined.

5. Application of the Social Security Act—(1) Sections 3, 12, 61E, 62, 63, 74, 74A, 76, 77, 80, 80A, 81, 82 (except 82 (6)), 84, and 86I of the Act apply to this programme as if an allowance under it were a benefit.

(2) Nothing in subclause (1) limits or affects any other section of the Act.

6. Special transfer allowance: eligibility—(1) A person who, immediately before the commencement of this programme, in receipt of special assistance under the former special transfer allowance programme, is eligible for a special transfer allowance under this programme if—

(a) the person continues to rent premises from a landlord other than Housing New Zealand Limited; and

(b) the premises are not HNZ housing; and

(c) the weekly rental for the premises is higher than the appropriate average regional rent; and

(d) the person is a qualifying person, or a qualifying person continues to be resident in the premises.

(2) A person who was in receipt of a tenure protection allowance in respect of his or her tenancy of any premises immediately before the date on which Housing New Zealand Limited sold the premises on one of the following dates, namely 1 March 1999 or 14 May 1999, and has continued since the date of the sale to occupy the premises as a tenant, is eligible for a special transfer allowance under this programme if—

(a) the landlord of the premises is other than Housing New Zealand Limited; and

(b) the premises are not HNZ housing; and

(c) the weekly rental for the premises is higher than the appropriate average regional rent; and

(d) the person is a qualifying person, or a qualifying person continues to be resident in the premises.

(3) A person who is a qualifying person in respect of any premises for which an allowance is payable is eligible for a special transfer allowance under this programme if—

(a) the person moves from those premises to rental premises let to the person by a landlord other than Housing New Zealand Limited; and

(b) the premises are not HNZ housing; and

(c) the weekly rental for the premises is higher than the appropriate average regional rent.

(4) A person is not eligible for an allowance if he or she is—

(a) a boarder in any premises; or

(b) a person receiving residential care services.

7. Grant of allowance—(1) The chief executive may from time to time grant an allowance to a person who is eligible for it on application by the person or on the chief executive’s own motion.

(2) If premises are rented by 2 or more joint tenants, only 1 allowance may be granted at any one time in respect of the premises.

8. Rate of allowance—(1) The amount of an allowance granted to a person eligible for it under clause 6 (1)—

(a) is the amount by which the recipient’s weekly accommodation costs exceed the appropriate average regional rent on the commencement date;

but

(b) except as provided in clause 9, must not be more than the weekly amount of the special assistance payable under the former special transfer allowance programme immediately before the commencement date.

(2) The amount of an allowance granted to a person eligible for it under clause 6 (2)—

(a) is the amount by which the recipient’s weekly accommodation costs exceed the appropriate average regional rent on the date the person first became eligible for the allowance; but

(b) except as provided in clause 9, must not be more than the weekly amount of the tenure protection allowance payable immediately before that allowance ceased to be payable.

(3) The amount of an allowance granted to a person eligible for it under clause 6 (3)—

(a) is the amount by which the recipient’s weekly accommodation costs exceed the appropriate average regional rent on the date the recipient first became eligible for the allowance; but

(b) except as provided in clause 9, must not be more than the weekly amount of the allowance payable in respect of the premises in which the recipient was resident immediately before the recipient vacated those premises.

(4) Where a recipient is receiving an accommodation supplement in relation to the premises and the amount of allowance is not taken into account in calculating the recipient’s accommodation supplement, the chief executive must reduce the amount of the allowance by the difference between—

(a) the amount of the accommodation supplement; and

(b) the amount of the accommodation supplement that would be payable if the recipient’s weekly accommodation costs were reduced by the amount of allowance.

(5) This clause is subject to clauses 9, 11 and 12.

9. Annual adjustment of rate—The amount of allowance payable to a recipient must—

(a) be adjusted annually as at 1 April in each year by the percentage by which the rental component of the consumer price index has altered since 1 December of the previous year; but