17 DECEMBER 2009 NEW ZEALAND GAZETTE, No. 188 4521

(b) for which the course provider receives other Government funding that the chief executive considers is analogous to funding under section 159ZC of the Education Act 1989; or

(c) which is of a kind that the chief executive considers is analogous to a course that is funded under section 159ZC of the Education Act 1989.

course means an approved employment-related training course at Level 4 or above on the national qualification framework.

course costs, in relation to a course, means the following necessary and reasonable costs of attending the course:

(a) books;

(b) materials; and

(c) equipment.

national qualification framework means the framework for national qualifications developed by the NZQA under section 253(1)(c) of the Education Act 1989.

NZQA means the New Zealand Qualifications Authority established under Part 20 of the Education Act 1989.

study costs, in relation to a course, means the necessary and reasonable costs of attending the course, including:

(a) course costs; and

(b) cost of transport to and from the course; and

(c) childcare costs, after deducting any amount for childcare assistance paid under section 61GA of the Act or under any welfare programme approved under section 124(1)(d) of the Act; and

(d) babysitting or other child minding costs; and

(e) any other cost that the chief executive determines to be a necessary cost of attending the course other than tuition or enrolment fees.

teacher means a person who is registered as a teacher by the Teachers Council under the Education Act 1989.

veterinarian has the same meaning as in the Veterinarians Act 2005.

(2) Other terms defined in section 3(1) of the Act have the same meanings in this programme.

5. Application of the Social Security Act 1964—(1) Sections 12, 62, 68A, 71, 74, 74A, 76, 77, 80A, 81, 82(3), (4) and (7), and 84 of the Act apply in relation to this programme and to the persons referred to in subclause (2) as if the special assistance authorised by this programme were a benefit.

(2) The persons are:

(a) any applicant for assistance under this programme:

(b) any person granted assistance under this programme:

or

(c) the spouse or partner of any person referred to in paragraph (a) or (b).

(3) Nothing in subclause (1) limits or affects the application of any other provision of the Act.

6. Eligibility—(1) For the purpose of assisting an applicant to find and retain paid employment, the chief executive may, in his or her discretion, from time to time grant recoverable assistance under this programme to, and towards the study costs of, any applicant who:

(a) is in receipt, in his or her own right, of:

(i) a domestic purposes benefit, an invalid’s benefit, or a widow’s benefit; or

(ii) the emergency benefit known as the emergency maintenance allowance; and

(b) is enrolled (or is enrolled subject to the payment of tuition fees) in a course that, in the chief executive’s opinion, will lead to a qualification that is necessary to be an early childhood teacher, a primary or secondary school teacher, a nurse, a midwife, a medical practitioner or veterinarian.

(2) Subclause (1) is subject to subclause (5) and clauses 7 and 8.

(3) In deciding whether to grant recoverable assistance under subclause (1) and without limiting the matters the chief executive may consider, the chief executive:

(a) must principally have regard to the matters set out in subclause (4); and

(b) if the chief executive has arranged for the applicant to undertake careers counselling, may have regard to any report of the counsellor on the outcome of that counselling.

(4) The matters referred to in subclause (3)(a) are:

(a) the period during which the applicant has been out of the workforce; and

(b) whether the applicant already has the skills, qualifications, or recent work experience sufficient to obtain employment; and

(c) whether the course is an appropriate one for the applicant to undertake having regard to the applicant’s personal circumstances.

(5) The chief executive may refuse to grant recoverable assistance under subclause (1) if he or she is satisfied that the applicant, having previously been granted financial assistance to attend a course under this programme, the Training Incentive Allowance Programme, or the Course Participation Assistance Programme, has:

(a) failed or refused to answer any question put to him or her by an officer of the department as to whether the applicant completed that course and the result or results the applicant achieved in that course; or

(b) failed to complete that course without, in the opinion of the chief executive, a good and sufficient reason.

7. Ineligibility—(1) Recoverable assistance under this programme must not be granted to any applicant to whom section 60Q of the Act applies unless:

(a) completion of the course referred to in the application is included as a goal, and participation in the course as an activity, in the applicant’s personal development and employment plan or individual plan; and

(b) it is specified in that plan that the department would provide assistance under this programme to enable the applicant to undertake the course.

(2) Recoverable assistance must not be granted:

(a) to a person who is entitled to, or is receiving assistance under Training Incentive Allowance Programme; or

(b) to a person whose course is one for, or towards, a postgraduate diploma, postgraduate certificate, bachelor with honours degree, masters degree, or doctorate degree; or

(c) to a person who has not exhausted his or her entitlement to receive a loan for course-related costs under the Student Loan Scheme.

8. Application process—(1) An application for recoverable assistance under this programme must be on a form approved for the purpose by the chief executive.