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NEW ZEALAND GAZETTE

“living expense grant” means a grant of the kind referred
to in clause 7 (c).

“parent”, in relation to a dependent child (but subject to
subclause (3)):

(a) if the child is in the custody or care of both of the
child’s parents, means both those parents; and

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

(c) if the child is not in the custody or care of either
of the child’s parents, means the person who is
the principal caregiver of the child.

“parent benefit”, in relation to an applicant:

(a) if the applicant is a dependent child, means:

(i) any orphan’s benefit or unsupported
child’s benefit that would be payable in
New Zealand to the applicant’s
accompanying parent in respect of the
applicant; and

(ii) any income-tested benefit or non-incometested New Zealand superannuation or
veteran’s pension that would be payable to
the applicant’s accompanying parent if
the applicant and parent were living in
New Zealand; but

(iii) does not include any part of any benefit or
any orphan’s benefit or unsupported child’s
benefit that would be payable in respect of
any child who is not an eligible child.

(b) in any other case, means the income-tested
benefit or non-income-tested New Zealand
superannuation or veteran’s pension that would
be payable to the applicant or the applicant’s
accompanying spouse or partner (if any), or both,
if they were living in New Zealand (other than
any orphan’s benefit or unsupported child’s
benefit that would be payable in respect of any
child who is not an eligible child).

“set-up grant” means a grant referred to in clause 7 (b).

“travel grant” means a grant referred to in clause 7 (a).

(2) Terms otherwise defined in section 3 (1) of the Act have
the meanings so defined.

(3) If a dependent child is in the joint custody of his or her
parents, in deciding whether paragraph (a) or paragraph (b)
of the definition of “parent” applies and which of the child’s
parents ought to be considered as the child’s parent for the
purpose of this programme, the chief executive must apply
section 70B of the Act to assign responsibility for the care of
the child to one or other of the child’s parents.

5. Application of Social Security Act 1964—(1) Sections
   12, 63, 74A, 76, 81, 82 (except 82 (7)), 83, 84 and 86J of the
   Act apply to this programme as if a grant referred to in this
   programme were a benefit under the Act.

(2) Nothing in subclause (1) affects the application of any
other provision of the Act.

6. Eligibility—This clause applies to an applicant:

(a) whose safety is under an ongoing threat of severe
violence from another person; and

(b) who has exhausted all other options of relocating
within New Zealand to avoid the threat; and

(c) who intends to reside in an approved overseas
country until the threat is averted; and

(d) whose application for a grant is supported by a
referral by the Commissioner of Police, or a senior
officer of the New Zealand police with the delegated
authority of the Commissioner for the purpose:

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(i) that confirms the matters set out in paragraphs
(a) to (c); and

(ii) states that it is necessary for the applicant’s
safety that the applicant relocates outside
New Zealand.

7. Travel, set-up, and living expenses grants—Where
   clause (6) applies to an applicant, the chief executive may,
   subject to clauses 8 and 9 (2), make the following types of
   grants to the applicant:

(a) A non-recoverable travel grant to pay for the
following costs of relocating the applicant and any
accompanying persons to an approved overseas
country recommended by the New Zealand police:

(i) the necessary costs of obtaining or renewing a
passport, if the applicant or any accompanying
person does not hold a current passport or for
reasons of safety is unable to access or travel
on their current passport;

(ii) New Zealand departure and airline security
protection taxes;

(iii) economy class airfares.

(b) A non-recoverable set-up grant up to a maximum
of $5000.00 for the purpose of paying for the
costs of the applicant and accompanying persons
establishing life in the approved overseas country,
such as the cost of purchasing necessary furniture,
rent bonds, school fees and deposits required for
essential services.

(c) Non-recoverable living expenses grants in
accordance with clause 10 for the living expenses of
the applicant and any accompanying persons in the
approved overseas country.

8. Protected witnesses not to receive travel and set-up
   grants—Where an applicant is receiving assistance from
   the New Zealand police under the New Zealand witness
   protection programme, no travel grant or set-up grant must
   be made in respect of the applicant or any accompanying
   persons.

9. Cash assets not to prevent, but may reduce, grants—
   (1) The chief executive must not refuse to make any grant
   under clause 7 by reason only that the applicant’s cash
   assets exceed the appropriate limit in subclause (4).

(2) Despite subclause (1), the total amount of any travel
grant and set-up grant made to the applicant must be
reduced by the amount the applicant’s cash assets exceed the
appropriate limit in subclause (4).

(3) For the purposes of this clause:

(a) if an applicant has an accompanying spouse or
partner, the cash assets of the applicant include the
cash assets of the accompanying spouse or partner;
and

(b) if the applicant is a dependent child, the cash assets
of the child include the cash assets of the child’s
accompanying parent.

(4) The cash assets limits are:

(a) for a single applicant, 4 times the maximum weekly
rate of an invalid’s benefit payable under the Act to
a single person without dependent children;

(b) for an applicant with an accompanying spouse or
partner or who is a sole parent, 4 times the
maximum weekly rate of an invalid’s benefit
payable under the Act to a married person without
dependent children.

10. Amount of living expenses grants—(1) The amount of
    any living expenses grant must be no more than the total
    amount of the parent benefit and accommodation supplement
    that would be payable under the Act in New Zealand in
    respect of the relevant period to: