24 FEBRUARY 2005

NEW ZEALAND GAZETTE, No. 41

1057

Pursuant to section 5 of the Social Security Act 1964, the Minister for Social Development and Employment makes the following amendment to the Direction in relation to Special Benefit given on 10 February 1999 and published in the New Zealand Gazette, 16 December 1999, page 4599.

Dated at Wellington this 7th day of February 2005.

STEVE MAHAREY, Minister for Social Development and Employment.

Amendment

1. Title—(1) This amendment is the Direction in relation to Special Benefit Amendment 2005.

(2) In this amendment, the Direction in relation to Special Benefit is called "the direction".

2. Commencement—(1) This amendment, except for clause 4, comes into effect on the day after the date on which it is published in the New Zealand Gazette.

(2) Clause 4 comes into effect on 1 April 2005.

3. Miscellaneous amendments—The direction is amended in the manner set out in Schedule 1.

4. Amendments relating to Working for Families package—The direction is amended in the manner set out in Schedule 2.

(2) Subclause (1) and Schedule 2 are subject to any amendment to the Schedule of the direction that comes into effect on 1 April 2005.

Schedule 1—Clause 3

Miscellaneous amendments

Clause 2.1

Insert, before the definition of accommodation costs, the following definition:

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

Omit from paragraph (g) of the definition of allowable costs the words "childcare subsidy or OSCAR subsidy payable under the Childcare Assistance Welfare Programme approved under section 124 (1) (d) of the Act" and substitute the words "childcare assistance payable under section 61GA of the Act or by way of special assistance under section 124 (1) (d) of the Act".

Insert, after paragraph (g) of the definition of allowable costs, the following paragraph:

"(ga) essential expenses in respect of a child in the care of the applicant or his or her spouse for whom an orphan’s benefit or an unsupported child’s benefit is paid that are not able to be met from the total of that benefit and any disability allowance payable in respect of the child;".

Revoke the second paragraph (j) of the definition of allowable costs and substitute:

"(k) any payments required to be made by the applicant or his or her spouse in respect of any debt, fine, or other liability including repayments required to be made in respect of any advance of benefit made under section 82 (6) of the Act or recoverable assistance granted under section 124 (1) (d) of the Act, other than the payments or repayments referred to in paragraphs (a) to (h) of this definition; or".

Omit from the definition of allowable costs the words "(j) any fees charged" and substitute the words "(l) any fees charged".

Insert, after the definition of allowable costs, the following definition:

"beneficiary means any person who is being paid—

(a) an unemployment benefit or a sickness benefit, a widow’s benefit, a domestic purposes benefit, an invalid’s benefit, an independent youth benefit or an emergency benefit; or

(b) New Zealand superannuation or a veteran’s pension:".

Omit from the definition of chargeable income the word "includes—" and substitute the words "includes the total of the following items, after the deduction of any income tax and the ACC earner levy (where applicable) payable on any item but before any deduction from or reduction of any item made or imposed by or under any statutory power or under any deduction notice or attachment order or otherwise on account of any debt, liability, sanction, penalty, or student loan repayment,—".

Revoke paragraph (a) of the definition of chargeable income and substitute:

"(a) the rate of any benefit payable under the Act (other than an orphan’s benefit, an unsupported child’s benefit, or any childcare assistance payable under section 61GA of the Act); and".

Revoke paragraph (f) of the definition of chargeable income and substitute:

"(f) the amount of—

(i) any periodical payments received under section 124 (1) (d) of the Act under any welfare programme not listed in subparagraphs (ii) or (iii) (other than any payments made under the Away from Home Allowance Programme, the Training Incentive Allowance Programme, the Home Help Programme, the Social Rehabilitation Assistance Programme, the Care Supplement Programme, or the Special Transfer Allowance Programme 2000, or other periodical payments intended to pay or reimburse specified costs of the applicant); and

(ii) any payments received under section 124 (1) (d) of the Act under the following welfare programmes, namely the Telephone Costs Payment Programme, the New Employment Transition Grant Programme, the Seasonal Work Assistance Programme, or the Defence Force Allowance Programme; and

(iii) any payments received under section 124 (1) (d) of the Act for bridging finance under the Work Start Grant Programme, income assistance under the Assistance to Live Organ Donors Programme, rural assistance under the Special Needs Grants Programme, and for loss of livelihood under the Civil Defence Scheme; and".