776 NEW ZEALAND GAZETTE, No. 32 3 FEBRUARY 2005

D2 Commencement

This direction takes effect on 1 February 2005.

D3 Purpose

The purpose of this direction is to provide guidance on the treatment of people who, for altruistic reasons, donate kidney or liver tissue for transplantation purposes, and would not be able to fulfil benefit eligibility criteria or, in the case of a work-tested spouse, work test obligations under the Act while convalescing from the operation to retrieve the tissue.

D4 Interpretation

In this direction:

“Act” means the Social Security Act 1964, and terms defined in section 3 (1) of the Act have the meanings so defined.

D5 Application of direction

(1) This direction applies to a person who you are satisfied:

(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; and

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

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

D6 Grant of emergency benefit

(1) This clause applies to a person:

(a) to whom this direction applies;

(b) to whom an unemployment benefit or an independent youth benefit or a domestic purposes benefit under section 27G of the Act has been granted;

(c) who would, while convalescing from the operation to retrieve the tissue, not be able to fulfil one or more of the eligibility criteria for that benefit; and

(d) who requires benefit assistance during the period of convalescence.

(2) You should grant a person referred to in subclause (1) an emergency benefit under the first proviso to subsection (1) of section 61 of the Act in substitution for the unemployment benefit, independent youth benefit, or domestic purposes benefit.

(3) You should not impose, as a condition of the emergency benefit, any requirement on the person analogous to any work test obligations.

D7 Rate of emergency benefit

(1) Except as provided in subclause (2), the emergency benefit should be granted at the same rate as the unemployment benefit or independent youth benefit (as the case may be) was payable unless, during the period it is payable, some other rate becomes more appropriate as the analogous rate of the benefit.

(2) In the case of a person to whom a domestic purposes benefit under section 27G of the Act was payable, the emergency benefit should be granted at the appropriate rate of a sickness benefit under the Act unless, during the period it is payable, some other rate becomes more appropriate as the analogous rate of the benefit.

D8 Commencement and termination of emergency benefit

(1) The emergency benefit should commence on the date of the operation to retrieve the tissue and continue for the period (not exceeding 12 weeks) in which you are satisfied the person is:

(a) convalescing from that operation; and

(b) not able to fulfil the eligibility criteria for the benefit for which the emergency benefit substituted.

(2) At the end of the period referred to in subclause (1), you should re-grant the person the benefit under the Act the emergency benefit was granted in substitution for, unless you consider the person no longer qualifies for that benefit or qualifies for some other more appropriate benefit.

D9 Application of the work test: work-tested spouses

If a person to whom this direction applies is a work-tested spouse, and would, while convalescing from the operation to retrieve the tissue, not be able to fulfil one or more of his or her work test obligations, you should consider under section 115 (1) of the Act that the person has a good and sufficient reason for any failure to comply with those obligations during the period (not exceeding 12 weeks) in which you are satisfied the applicant is convalescing from that operation.

Explanatory Note

This note is not part of the programme or direction, but is intended to indicate their general effect.

The programme provides for income assistance and childcare assistance to people who donate kidney or liver tissue for altruistic purposes during their convalescence from the operation to retrieve the tissue for a period of not more than 12 weeks. The direction provides that any such donors who are beneficiaries and would be unable to fulfil eligibility criteria for the benefit during their convalescence should be placed on the non-work-tested emergency benefit, and that any such donors who are work-tested spouses should be considered to have a good and sufficient reason for not complying with the work test during their convalescence.

The Treasury

Public Finance Act 1989

Notice of Publication of Financial Statements of the Crown

Pursuant to section 31B of the Public Finance Act 1989, the Minister of Finance gives notice of the publication of the financial statements of the Crown for:

• the five months ended 30 November 2004, on 28 January 2005.

Copies of these financial statements are available:

• for inspection free of charge at the National Library of New Zealand, Auckland City Library, Wellington Public Library and Canterbury Public Library;

• for purchase at branches of Bennetts bookshops; and

• through the internet at: http://www.treasury.govt.nz

Dated at Wellington this 28th day of January 2005.

DR MICHAEL CULLEN, Minister of Finance.