3 FEBRUARY 2005

NEW ZEALAND GAZETTE, No. 32

775

(2) For the purposes of paragraph (b) of subclause (1) and
without limiting the meaning of that paragraph, any payment
(after the deduction of income tax and, where applicable, the
ACC earner levy) made by an applicant to any person who
acts as the applicant’s substitute during the period of
convalescence may be regarded as income the applicant has
forgone by not being able to work during that period.

(3) The weekly amount of income assistance granted under
clause P6 (2) is the difference between:

(a) the appropriate weekly rate of a domestic purposes
benefit set out in the Seventeenth Schedule of the
Act; and

(b) the weekly rate of the emergency benefit granted to
the applicant pursuant to the Assistance to Live
Organ Donors Direction.

P8 Commencement and termination of income assistance—(1) Income assistance commences on the
later of the date of application for it or the date of
the surgical operation in which the tissue was retrieved
from the applicant, and continues for each week (not
exceeding 12 weeks) in which the chief executive is
satisfied the applicant is convalescing from that operation
and forgoing income from employment or from a domestic
purposes benefit under section 27G of the Act, as the case
may be.

(2) Despite subclause (1), if the application for it is received
within 28 days after the date of the surgical operation,
income assistance commences on the date of the operation.

Part 2

Childcare Assistance

P9 Interpretation—In this Part, “qualifying child”, in
relation to an applicant, means a dependent child of the
applicant:

(a) who is aged less than 14; and

(b) in respect of whom the applicant is the principal
caregiver.

P10 Childcare assistance: eligibility—(1) The chief
executive may grant childcare assistance in respect of a
qualifying child of an applicant if the chief executive is
satisfied that the applicant:

(a) is a person to whom paragraphs (a) to (d) of clause
P6 (1) applies; and

(b) requires childcare for the child during the period of
convalescence from the operation to retrieve the
tissue.

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

(3) Childcare assistance granted under subclause (1) is in
addition to:

(a) any childcare assistance granted to the applicant
in respect of the child under section 61GA of the Act
or for which the applicant is eligible under the
Regulations; or

(b) any assistance by way of special benefit granted to
the applicant for childcare costs in respect of the
child.

P11 Period for which childcare assistance payable—(1)
Childcare assistance granted in respect of a qualifying child
is payable:

(a) for each week (not exceeding 12 weeks) in which
the chief executive is satisfied the applicant is
convalescing from the operation to retrieve the
tissue; and

(b) for:

(i) the number of hours in the week the child
participates in an approved early-childhood
programme, or as the case requires, one or more
OSCAR programmes, not exceeding the
maximum number of hours for which a
childcare subsidy or, as the case may be, an
OSCAR subsidy may be paid for an eligible
child under the Regulations; but

(ii) after deducting the number of hours in the week
for which the applicant:

(A) has been granted a childcare subsidy or an
OSCAR subsidy under section 61GA of the
Act in respect of the child, or would be
eligible to be granted a childcare subsidy or
OSCAR subsidy in respect of the child
under the Regulations; or

(B) has been granted assistance by way of
special benefit towards his or her childcare
costs in respect of the child.

P12 Rate of childcare assistance—Childcare assistance
granted under clause P10 must be paid at the rate per hour
for the time being set out in the second column of clause
1 (a) of the Schedule of the Regulations.

P13 Commencement of childcare assistance—(1)
Childcare assistance commences on the later of the date of
application for it or the date of the surgical operation in
which the tissue was retrieved from the applicant.

(2) Despite subclause (1), if the application for it is received
within 28 days after the date of the surgical operation,
childcare assistance commences on the date of the operation.

P14 Payment of childcare assistance—(1) Childcare
assistance:

(a) payable for a qualifying child’s participation in an
approved early-childhood programme must be paid
(as the case may be) to:

(i) the service providing the programme; or

(ii) the service that arranged the scheme under
which the programme is provided; and

(b) payable for a qualifying child’s participation in an
OSCAR programme may be paid to the provider of
the programme or to the applicant.

(2) Subclause (1)(a) does not prevent the chief executive
from paying a lump sum of childcare assistance directly to
the applicant if:

(a) the sum represents an underpayment of amounts:

(i) that should have been paid to an approved
early-childhood service in respect of the child’s
participation in a programme it provides; or

(ii) that should have been paid to an approved
early-childhood care arranger in respect of the
child’s participation in a programme provided
under a scheme it arranged; and

(b) the applicant has already paid to the service or
arranger the amount of the underpayment.

————

Direction

D1 Title—This direction is the Assistance to Live Organ
Donors Direction.