2080 NEW ZEALAND GAZETTE No. 78

(f) An invalids benefit.

(g) A transitional retirement benefit.

(h) A widows benefit.

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

5. Application of the Social Security Act—(1) Sections 12, 62, 63, 63A, 64, 74, 74A, 76, 82 (other than 82 (6)), 84 and 86J
   of the Act apply to this programme and to an applicant as if the special assistance under it were a benefit.

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

6. Seasonal work assistance—(1) Subclause (2) applies to an applicant:

(a) who is employed as a seasonal horticultural worker; and

(b) who was, within the previous 26 weeks, a person in receipt of a working-age benefit that was cancelled or
suspended because the person entered that employment; and

(c) whose cash assets and income (including the cash assets and income of his or her spouse) are not more than the cash
assets and income limits set out in clause 8.

(2) The chief executive may, in the chief executive’s discretion, grant a seasonal work assistance payment to an applicant to
whom this subclause applies if the applicant has, on or after 1 July 2002, lost income due to the unavailability of work caused
by weather conditions.

(3) In exercising the discretion in subclause (2), the chief executive must have regard to the following matters:

(a) The duration of the period for which work has been unavailable due to weather conditions.

(b) Whether the applicant’s future work is likely to again be affected by weather conditions and the forecast duration of
such conditions.

(c) The number and amounts of payments made to the applicant in the 26-week period before the application for the
payment.

(d) Whether a grant of an emergency benefit under section 61 of the Act would be the more appropriate means to
provide income to the applicant for the period of unavailability of work.

7. Amount and limits of payments—(1) The amount of a seasonal work assistance payment is the amount of the applicant’s
   lost earnings for the period of work missed, after the deduction of the income tax and the earner levy that would be payable in
   respect of those earnings, but not more than the appropriate weekly amount set out in Schedule 1.

(2) An applicant’s claims for seasonal work assistance payments must be assessed and calculated on a weekly basis.

(3) No grant of a seasonal work assistance payment must be made to an applicant who has received seasonal work assistance
payments of $600 or more during the 26-week period following the date the applicant’s working-age benefit was cancelled or
suspended.

8. Cash assets and income tests—(1) The cash assets limit referred to in clause 6 (1) (c) is 400% of the appropriate weekly
   rate of an invalid’s benefit that would apply to the applicant if the applicant were qualified to receive that benefit.

(2) The income limit referred to in that clause is the amount of weekly income that would prevent payment of an invalid’s
benefit to the applicant if the applicant were qualified to receive that benefit.

9. Payments non-recoverable—A payment granted under clause 6 is non-recoverable.

Schedule 1
Maximum Weekly Amounts of Seasonal Work Assistance Payments

Explanatory Note
This note is not part of the programme, but is intended to indicate its general effect.
This programme enables grants of seasonal work assistance payments to people who have cancelled their benefits to enter the
workforce as temporary seasonal workers at times when they are not paid due to there being no work as a result of weather
conditions.

Part 2
Direction in Relation to Special Benefit Amendment 2002
To: The chief executive of the Ministry of Social Development (Department of Work and Income).

1. Title—(1) This amendment is the Direction in Relation to Special Benefit Amendment 2002.

(2) In this amendment, the Direction in Relation to Special Benefit is called “the direction”.

2. Commencement—This amendment comes into effect on the day after it is given.

3. Definitions—The definition in clause 2.1 of the direction of chargeable income is amended by revoking paragraph (f), and
   substituting the following paragraph:

“(f) the amount of:

(i) any periodical payments received under any welfare programme approved under section 124 (1) (d) of the Act
(other than payments under the Away from Home Allowance Programme or other periodical payments intended
to pay or reimburse specified costs of the applicant); and