774 NEW ZEALAND GAZETTE, No. 32 3 FEBRUARY 2005

Extension of Approval for Rural Assistance in the

Lower North Island Under Special Needs
Grants Programme

Under clauses 18.2 and 18.6 of the Special Needs Grants
Programme, as established and approved on 18 December
1998 under section 124 (1) (d) of the Social Security Act
1964 ("the programme"), I give my approval for Part 6 of
the programme to continue to apply as follows:

Rural Assistance – Farmers

1. Farmers in the affected areas whose land-based industries
   are directly affected by flooding continue to be eligible
   to be considered for financial assistance under Part 6 of
   the programme.

2. In relation to such farmers, Part 6 of the programme
   continues to apply for the period beginning on 1 January
   2005 and ending on 24 February 2005, unless further
   extended by the Minister.

3. In this approval, affected areas has the meaning in
   the Approval for Rural Assistance Under Special Needs
   Grants Programme dated 24 February 2004.

Dated at Wellington this 17th day of December 2004.

STEVE MAHAREY, Minister for Social Development and
Employment.

go536

Assistance to Live Organ Donors Programme and

Ministerial Direction

To: The Chief Executive of the Ministry of Social
Development.

Pursuant to section 5 and section 124 (1) (d) of the Social
Security Act 1964, the Minister for Social Development and
Employment establishes and approves the following welfare
programme for special assistance, and gives the following
direction.

Dated at Wellington this 18th day of January 2005.

STEVE MAHAREY, Minister for Social Development and
Employment.

Programme

P1 Title—This programme is the Assistance to Live
Organ Donors Programme.

P2 Commencement—This programme comes into effect
on 1 February 2005.

P3 Purpose—The purpose of this programme is to assist
people who, for altruistic reasons, donate kidney or liver
tissue for transplantation purposes:

(a) by providing income assistance within the limits set
by this programme to those who forgo income from
employment, or certain benefit payments, during
their convalescence; and

(b) by providing for payment of childcare assistance
within the limits set by this programme to those who
require it during their convalescence.

P4 Interpretation—(1) In this programme, unless the
context otherwise requires:

"ACC earner levy" means the levy payable under
subsections (1) and (2) of section 219 of the Injury
Prevention, Rehabilitation, and Compensation Act 2001

"Act" means the Social Security Act 1964

"Applicant" means a person who applies for assistance
under this programme, and includes a person granted
assistance under this programme

"Childcare assistance" means the assistance under Part 2

"Employment" means paid employment, and includes
self-employment

"Income assistance" means the assistance under Part 1

"Regulations" means the Social Security (Childcare
Assistance) Regulations 2004.

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

P5 Application of Social Security Act—(1) Sections 12,
62 to 64, 69G to 70, 71, 74 (1) (a), 74A, 75 to 77, 80A,
80BD (1), 81, 82 (other than subsection (6)), 83, and 84 of
the Act apply to this programme and any applicant as if
the assistance under this programme were a benefit under
Part 1 of the Act.

(2) Nothing in subclause (1) affects the application to this
programme or any applicant of any other provision of
the Act.

Part 1

Income Assistance

P6 Income assistance: eligibility—(1) The chief executive
may grant income assistance to an applicant if the chief
executive is satisfied that the applicant:

(a) is a person who, after an evaluation process operated
by a District Health Board, has given his or her free
and informed consent to become a live donor of
kidney or liver tissue to be transplanted into the
body of another person;

(b) has made the decision to consent with a full
understanding of the nature of the procedure and the
possible consequences of becoming a donor;

(c) has made that decision freely and genuinely and has
not been the subject of any coercion to make that
decision;

(d) has made that decision solely for altruistic reasons;

(e) is not a beneficiary (within the meaning of that term
in section 61E of the Act); and

(f) will forgo income from employment during the
period of convalescence following the operation to
retrieve the tissue.

(2) Despite paragraphs (e) and (f) of subclause (1), the chief
executive may grant income assistance to an applicant to
whom the chief executive is satisfied paragraphs (a) to (d) of
subclause (1) applies if:

(a) immediately prior to the operation to retrieve the
tissue, the applicant was receiving a domestic
purposes benefit under section 27G of the Act; and

(b) the applicant has been granted an emergency benefit
in substitution for the domestic purposes benefit
pursuant to the Assistance to Live Organ Donors
Direction.

(3) In reaching a state of satisfaction in respect of the
matters in paragraphs (a) to (d) of subclause (1), the chief
executive may rely on the certificate of a medical
practitioner authorised by a District Health Board.

P7 Amount of income assistance—(1) The weekly amount
of income assistance granted under clause P6 (1) is the
lesser of the following amounts:

(a) the appropriate weekly rate of a sickness benefit
set out in clause 1 of the Ninth Schedule of the
Act, disregarding any income test attached to that
rate; and

(b) the weekly amount of income from employment
(after the deduction of income tax and, where
applicable, the ACC earner levy) the chief executive
is satisfied the applicant has forgone by not being
able to work during the period of convalescence
following the operation to retrieve the tissue.