✨ Domestic Violence Witness Protection Programme
11 APRIL
NEW ZEALAND GAZETTE
- (a) the applicant and the applicant’s accompanying
spouse or partner (if any); or
(b) if the applicant is a dependent child, the applicant’s
accompanying parent.
(2) For the purpose of subclause (1), the weekly amount
of accommodation supplement that would be payable in
New Zealand is the amount in paragraph (a) of whichever
of clauses 1 to 3 of Part II of the Eighteenth Schedule of
the Act is appropriate to the circumstances in the approved
overseas country (other than the type of accommodation)
of:
(a) the applicant; or
(b) where the applicant is a dependent child, the
applicant’s accompanying parent.
11. Beginning of living expenses grants
Subject to clause 16 (3), living expense grants may be made commencing on
the date the applicant and accompanying persons (if any)
arrive in the approved overseas country.
12. Ending of living expenses grants
The chief executive may continue to make living expenses grants until the
earliest of the following dates:
(a) The date when the chief executive, on the advice of
the New Zealand police, considers the threat to the
applicant has been averted; or
(b) the date when any of the applicant, or the applicant’s
accompanying spouse or partner or, where the
applicant is a dependent child, the applicant’s
accompanying parent becomes entitled to receive a
social security benefit under the legislation of the
approved overseas country that, in the chief
executive’s opinion, is sufficient to support the
applicant and such of the accompanying persons as
are dependent on the applicant, or the applicant’s
spouse or partner, or the applicant’s accompanying
parent, as the case may be;
(c) the date when the applicant or, as the case requires,
the applicant’s accompanying spouse or partner or,
where the applicant is a dependent child, the
applicant’s accompanying parent no longer fulfils
the eligibility requirements for the parent benefit,
unless the applicant or, as the case requires, the
applicant’s accompanying spouse or partner, or
accompanying parent, would become entitled to
another parent benefit;
(d) in the case of an applicant who is a dependent child,
the date on which the applicant ceases to be
financially dependent upon the applicant’s
accompanying parent, unless the applicant becomes
financially dependent on another person who fulfils
the role of that parent; or
(e) the date on which the applicant leaves the approved
overseas country other than to relocate to another
approved overseas country.
13. Payment of grants
(1) The chief executive must pay any grant under clause 7:
(a) in the case of a travel grant or a set-up grant, to the
applicant or in accordance with arrangements made
with the applicant or, where the applicant is a
dependent child, to the applicant’s accompanying
parent or in accordance with arrangements made
with the applicant’s accompanying parent; and
(b) in the case of living expense grants:
(i) to an institution of the Government of
the approved overseas country to which the
applicant has relocated that has made
arrangements with the chief executive to
receive and pay grants under this programme
to the persons entitled to them; or
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(ii) if there is no such institution, in accordance
with arrangements made with the applicant or,
where the applicant is a dependent child, the
applicant’s accompanying parent.
(2) For the purpose of enabling an institution in an approved
overseas country to make periodic payments of living
expense grants to an applicant, the chief executive may
make payments of living expenses grants under subclause
(1) (b) (i) to the institution in advance of the dates on which
the payments are due to the applicant.
(3) No advance payments of living expense grants under
subclause (2) or under section 82 (6) of the Act must exceed
the amount that the chief executive estimates would be
payable to the applicant during the remainder of the
financial year in which the payment is made.
14. Grants may be recoverable
(1) A grant made under clause 7 is recoverable to the extent that the chief executive
determines that the grant has not been used for the purpose
for which it was made.
(2) Before the chief executive makes a grant under clause 7,
the applicant or, where the applicant is a dependent child,
the applicant’s accompanying parent must sign a statement
acknowledging that he or she understands that:
(a) any benefit the applicant, the accompanying spouse
or partner (if any), or, where the applicant is a
dependent child, the applicant’s accompanying
parent is receiving will be cancelled; and
(b) the grant is intended to cover the specific purposes
referred to in clause 7 and no other payments under
this programme will be made in respect of the same
period or circumstances; and
(c) the travel grant and set-up grant are to enable the
applicant and any accompanying persons to travel to
and set up in the approved overseas country, to avert
the threats to the applicant’s safety; and
(d) the living expenses grants are expected to be used
for living expenses in the approved overseas country
for the applicant and any accompanying persons,
during the period that each grant covers; and
(e) any child accompanying the applicant must be an
eligible child; and
(f) a grant may be recovered if the grant is not used for
the purpose for which it is made; and
(g) the applicant and accompanying spouse or partner
(if any) or, where the applicant is a dependent child,
the applicant’s accompanying parent must notify the
chief executive or an institution nominated by
the chief executive in the approved overseas country
of any change in circumstances that might affect
entitlement to the living expenses grants or to the
amount of any such grants.
15. Approval of overseas countries
The chief executive may from time to time approve overseas countries for the
purpose of this programme having regard to:
(a) advice from the New Zealand police as to the
security and traceability of persons who would be
relocated to such countries under this programme;
and
(b) the ease with which arrangements can be made
the Governments of such countries for an appropriate
institution:
(i) to receive and disburse to their intended
recipients, payments of living expenses grants;
and
(ii) to monitor and advise the department of
changes to the circumstances of recipients
of living expenses grants.
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Online Sources for this page:
VUW Te Waharoa —
NZ Gazette 2002, No 34
Gazette.govt.nz —
NZ Gazette 2002, No 34
✨ LLM interpretation of page content
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Domestic Violence and Witness Protection (Relocation) Programme 2001
(continued from previous page)
🏥 Health & Social Welfare27 March 2002
Domestic Violence, Witness Protection, Relocation, Financial Assistance, Overseas Country