730 NEW ZEALAND GAZETTE, No. 27 23 MARCH 2006

(f) is a person whose income (including the income
of his or her spouse or partner if any) is more than
the appropriate amount set out in Part 2 of Schedule
31 of the Act.

8. Application form must be completed—(1) Community
   costs payments may be granted to an applicant only if an
   application form for the purpose is completed in writing by
   or on behalf of the applicant.

(2) The form must be provided by the chief executive.

(3) The form must, when completed, set out the information
required to allow:

(a) the applicant’s eligibility for CC payments to be
assessed; and

(b) the rate of any CC payments payable to the applicant
to be determined.

9. CC payments towards community costs—(1) The
   chief executive may, in his or her discretion, having regard
   to the matters set out in subclause (2), grant an applicant
   who is an eligible person CC payments towards meeting one
   or more of the applicant’s community costs.

(2) The matters referred to in subclause (1) are:

(a) whether the amount of the community cost is a
reasonable cost for the item or service concerned;

(b) whether the applicant is a beneficiary, and is
required to contribute to the cost of the treatment
programme from his or her benefit;

(c) whether the applicant’s income (including the income
of his or her spouse or partner (if any)) is sufficient
to meet the applicant’s community costs, taking
account of the extent to which the applicant is
required to contribute to the cost of the treatment
programme from that income;

(d) whether the applicant has a spouse or partner
residing in the community and whether any other
assistance available under the Act to that spouse or
partner, or to both the applicant and his or her spouse
or partner, will help meet the applicant’s community
costs;

(e) whether there is any other assistance available to the
applicant or his or her spouse or partner under the
Act or any other enactment or from any other person
or organisation or any government agency that could
help meet the applicant’s community costs and the
efforts made by the applicant or (as the case requires)
the applicant’s spouse or partner to obtain any such
assistance;

(f) whether the granting of CC payments, or CC
payments of any particular amount would result
in the applicant and his or her spouse or partner
(if any) receiving a financial benefit compared with
the amount of the benefits and other assistance
available to them if they were resident in the
community; and

(g) any other matters the chief executive considers
relevant.

10. Amounts and limits of CC payments—(1) Where the
    chief executive grants CC payments towards any community
    cost:

(a) the amount of the CC payments granted must be set
by the chief executive having regard to the matters
in clause 9 (2); and

(b) the weekly amount of the CC payments must not
exceed the amount of that community cost reckoned
on a weekly basis.

(2) The amount or total amount of CC payments granted
in any week must not exceed $300.00 a week except in
exceptional circumstances.

11. Period for which CC payments payable—(1) CC
    payments granted under this programme commence not
    earlier than:

(a) the date of the applicant’s entry into the treatment
programme if the application for CC payments is
made before or within 28 days after that date; or

(b) the date of application in any other case.

(2) CC payments end (if they have not ended earlier):

(a) on the date the applicant’s intended period of
residence in the treatment programme ends; or

(b) on any earlier date on which the applicant leaves the
programme.

(3) Subclause (2) (a) is subject to clause 6 (2).

(4) Nothing in subclause (2) requires the chief executive
to continue to make CC payments towards any particular
community cost if the chief executive is satisfied the
applicant has ceased to incur that cost.

Schedule
Clause 4

Community Costs

1. A cost is a community cost only if it is an ongoing cost
   the chief executive considers it is essential for the applicant
   to incur to help to reintegrate the applicant into the
   community at the conclusion of his or her residence in a
   short-term residential treatment programme and is not a cost
   to which clause 3 applies.

2. Without limiting clause 1, the following ongoing costs of
   a resident are examples of community costs:

(a) The costs of retaining any premises;

(b) where the resident is not retaining premises while a
resident, storage costs for the resident’s motor vehicle
(if any) and household furniture and effects;

(c) agreed period payments (within the meaning of
clause 6 of Schedule 2 of the Social Security
(Temporary Additional Support) Regulations 2005)
for essential household furniture or appliances
acquired before becoming a resident;

(d) the costs of childcare for any dependent child of the
resident;

(e) costs relating to the retention of the resident’s
employment or place in an employment-related
training course.

3. The following costs are not community costs:

(a) Payments on account of any child support liability
under the Child Support Act 1991 or any maintenance
liability under the Family Proceedings Act 1980;

(b) payments towards any fine, reparation, damages,
or penalty imposed, awarded or ordered by any
court;

(c) payments of any tax, penalty, or duty imposed by or
under any enactment (other than any goods and
services tax payable on any community cost).

Explanatory Note

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

This programme, which takes effect on 1 April 2006,
provides for discretionary grants of financial assistance to
residents of certain short-term residential programmes
providing alcohol and other drug treatment, to meet
essential costs in the community needed to help them
integrate back into the community at the end of their
residence in the programmes.

go1831