120 NEW ZEALAND GAZETTE, No. 5 15 JANUARY 2009

Dated at Wellington this 15th day of December 2008.

PAULA BENNETT, Minister for Social Development and Employment.

Programme

1. Title—This programme is the ReStart Transitional Relief Programme.

2. Commencement—This programme comes into effect on 1 January 2009.

Part 1
Preliminary Provisions

3. Purpose—The purpose of this programme is to provide time-limited transitional assistance to certain persons who have been made redundant from full-time work or have lost full-time work that is self-employment and are in the process of looking for other suitable full-time work.

4. Interpretation—(1) In this programme, unless the context otherwise requires:

Act means the Social Security Act 1964

applicant means a person who has applied or on whose behalf an application has been made for assistance under this programme

beneficiary has the meaning in section 61E of the Act

date of redundancy, in relation to a person who has lost employment by reason of redundancy, means the last date on which that person received any of the following payments in relation to the termination of the person’s employment:

(a) A payment of wages or salary

(b) A payment of any bonus

(c) A payment of any holiday pay

(d) Any payment in lieu of notice terminating the employment

(e) Any payment in lieu of accumulated leave

(f) Any retirement payment

employment trial means full-time employment under an employment agreement which contains a provision to the effect that the employee will serve a period of trial after the commencement of the employment

full-time work, in relation to a person, means employment, including self-employment, for a period:

(a) of 20 hours or more per week, in the case of a sole parent; or

(b) of 30 hours or more per week, in the case of any other single person; or

(c) of 30 hours or more per week when combined with the employment of the person’s spouse or partner, in any other case

non-beneficiary has the meaning in section 61E of the Act

redundancy means a situation when a person’s employment is terminated because his or her employer decides that the person’s position is surplus to the employer’s needs; but does not include a situation when the person’s employment:

(a) is terminated for cause; or

(b) ends because the person has completed a fixed term contract of service; or

(c) ends because the person has completed a period of seasonal work

redundancy payment has the same meaning as in section 80B of the Act

redundancy assistance period, in relation to an applicant, means a period of 16 weeks (whether continuous or interrupted by any period of suspension of ReStart) following the date on which a grant of ReStart is first made to the applicant

ReStart means the special assistance under this programme, comprising:

(a) RePlace assistance under Part 3

(b) ReCover assistance under Part 4

retirement payment has the meaning in section 80B of the Act

self-employment means self-employment of a person in any business, profession, or undertaking carried on for pecuniary profit and includes work undertaken for reward as an independent contractor, piece worker, or commission salesperson

specified benefit means a benefit listed in section 80(2) of the Act; and includes a payment of temporary additional support, accommodation supplement, or special benefit made under the Act.

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

5. Application of the Social Security Act 1964—Sections 62, 63(a), 74, 74AA, 76, 80A, 80AA, 80BA, 81, 82 (other than section 82(6)) and 82A of the Act apply in relation to this programme and to any applicant for, or recipient of, assistance under it as if that assistance were a benefit.

Part 2
Universal Provisions

6. General eligibility criteria—(1) An applicant is eligible for ReStart if the chief executive is satisfied that the applicant:

(a) has lost full-time work by reason of redundancy on or after 8 November 2008; and

(b) has been in full-time work (whether with the same employer or different employers) for a period of not less than 6 months immediately before the redundancy occurred; and

(c) has made an application for assistance under this programme not later than 20 working days after the date of redundancy; and

(d) was ordinarily resident in New Zealand at the time the redundancy occurred; and

(e) is actively seeking full-time work and signs a declaration to this effect; and

(f) is not the spouse or partner of another person already receiving ReStart.

(2) An applicant who has ceased, after 8 November 2008, to be in full-time work that is self-employment is eligible for ReStart if the chief executive is satisfied that paragraphs (e) and (f) of subclause (1) apply to the applicant and that the applicant:

(a) is eligible to be granted an unemployment benefit under the Act; and

(b) has been in full-time work for not less than 6 months prior to that cessation; and

(c) has made an application for assistance under this programme within 20 working days of that cessation.

(3) Subclause (1)(c) and (2)(c) are subject to clause 7 and 8.

7. Extension of the application period—(1) Any person whose redundancy occurred in the period beginning on 8 November 2008 and ending on the date this programme is approved may make an application for ReStart before 16 January 2009 unless otherwise eligible to apply at a later date.

(2) The chief executive may extend the period of 20 working days within which an application for assistance must be made if in any particular case he or she considers there is good and sufficient reason why the applicant could not reasonably have made application within that period.