31 JULY NEW ZEALAND GAZETTE 2289

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

6. Social rehabilitation assistance—(1) Subclause (2) applies to an applicant who is, for the time being:

(a) resident in an approved residential social rehabilitation programme; and

(b) eligible for and in receipt of an income-tested benefit under the Act or New Zealand superannuation or a veteran’s pension.

(2) The chief executive must grant social rehabilitation assistance to an applicant to whom this subclause applies if the chief executive is satisfied that:

(a) the applicant is required to contribute to the cost of the applicant’s treatment or care in the residential programme; and

(b) the required contribution is greater than the amount of benefit payable to the applicant; and

(c) the applicant:

(i) is not receiving an accommodation supplement or a disability allowance or a special benefit under the Act; or

(ii) will, after the grant, be no longer receiving any benefit referred to in subparagraph (i); and

(d) in the case of an applicant receiving New Zealand superannuation or a veteran’s pension, his or her income, including the income of the applicant’s spouse and any New Zealand superannuation or veteran’s pension payable to the applicant or the applicant’s spouse, is such that the income less 6.47% of that income would not prevent payment of an invalid’s benefit.

7. Rate of assistance—(1) The weekly amount of assistance payable to a person granted it must be fixed by the chief executive but must not exceed the total of:

(a) the appropriate maximum weekly amount set out in clause 3 of Part II of the Eighteenth Schedule of the Act; and

(b) the maximum weekly amount set out in clause 2 of the Nineteenth Schedule of the Act; and

(c) $20 a week.

(2) If any person granted assistance has, between the date the assistance commenced and the date of the grant, been paid any benefit referred to in clause 6 (2) (c) (i), the amount of assistance granted in respect of that period must be reduced by the amount of the benefit paid in that period.

8. Commencement and ending of assistance—(1) The chief executive may commence assistance on any date (being a date on or after 1 July 2003) but not earlier than the date the applicant entered into residence under the residential programme.

(2) Social rehabilitation assistance ends in accordance with section 80BD (1) of the Act.

9. Payment—The chief executive must make any payment of assistance to the provider of the residential programme on account of the person granted it.

10. Transitional provisions—The chief executive may, as if the person had applied for it, grant social rehabilitation assistance to a person:

(a) who:

(i) was, immediately before the commencement of this programme, resident in a residential programme; and

(ii) was, before that date, receiving assistance toward the required contribution from one or more of an accommodation supplement, a disability allowance, or a special benefit under the Act; and

(b) whom the chief executive is satisfied will, after the grant, be no longer receiving any benefit referred to in paragraph (a)(ii).

Schedule

Clause 4

Approved Residential Social Rehabilitation Programmes