15 JANUARY 2009 NEW ZEALAND GAZETTE, No. 5

8. When both members of a couple made redundant—
   (1) If a person (“A”) has been granted ReStart, no separate grant of ReStart may be made to A’s spouse or partner (“B”) during the redundancy assistance period.

(2) B may be granted ReStart if B makes an application for it within 20 working days after A’s assistance ends in accordance with clause 11.

(3) Subclause (2) is subject to clause 7(2).

9. When assistance starts—Grants of ReStart may start to be made on the latest of the following dates:

(a) The date on which this programme commences.

(b) The date on which the applicant became eligible to receive it.

(c) The date the application for it was received.

(d) If the applicant applies for ReStart at the same time as he or she applies for a specified benefit to which a stand-down or non-entitlement period applies, the date on which that benefit commences.

10. Suspension of assistance—(1) Grants of ReStart to an applicant must be suspended:

(a) during any period of up to 28 days in which the applicant undertakes full-time work; or

(b) during the period in which the applicant undertakes an employment trial of up to 90 days, but only one suspension may be made under this paragraph.

(2) Grants of ReStart to an applicant may be suspended during any period in which an applicant is absent from New Zealand if the chief executive considers that during that absence, the applicant will continue to seek full-time work.

(3) Any period in which grants of ReStart are suspended under subclause (1) or (2) does not count towards the calculation of the redundancy assistance period in respect of the applicant.

(4) When a period of suspension under subclause (1) or (2) ends, the chief executive must resume grants of ReStart for any unexpired part of the redundancy assistance period if the applicant remains eligible for the assistance concerned.

11. When assistance ends—(1) If it has not ended earlier, eligibility for ReStart ends not later than the date the applicant dies, or any of the following earlier applies:

(a) The applicant engages in full-time work for a period of more than 28 days, except in the situation described in paragraph (b)

(b) if the applicant’s spouse or partner is engaged in full-time employment, the applicant engages in full-time employment for a period of more than 28 days

(c) the applicant, while undertaking a period of full-time work or an employment trial to which a period of suspension under clause 10 applies, becomes voluntarily unemployed without good or sufficient reason or loses his or her employment by reason of misconduct

(d) the applicant undertakes a second employment trial within the redundancy assistance period

(e) the chief executive considers that the applicant is no longer actively seeking full-time work

(f) the redundancy assistance period ends.

(2) Eligibility for ReStart of a particular kind ends if an applicant has any other change of circumstances that means he or she is no longer eligible for ReStart of that kind (for example, the applicant ceases to be eligible for RePlace assistance because he or she is no longer eligible for accommodation supplement), but without affecting the applicant’s eligibility for ReStart of another kind (for example, for ReCover assistance).

Part 3

RePlace

12. Purpose—The purpose of RePlace is to provide assistance to eligible persons to help them meet on-going accommodation costs such as mortgage payments or rent.

13. RePlace assistance—The chief executive must grant RePlace assistance to an applicant who is eligible for ReStart if the chief executive is satisfied that:

(a) the applicant has not received a redundancy payment exceeding $25,000 (after the deduction of income tax) in respect of his or her redundancy; and

(b) the applicant is receiving an accommodation supplement under the Act; and

(c) the amount of that accommodation supplement is:

(i) the appropriate weekly maximum amount set out in Part 2 of Schedule 18 of the Act; or

(ii) would, but for the abatement on account of the applicant’s income under Part 1 of that Schedule, be that appropriate weekly maximum amount.

14. Amount of assistance—(1) The amount of any grant under clause 13 must be calculated according to the following formula:

    a = b – c

where:
a is the weekly amount of RePlace assistance

b is the weekly amount of accommodation supplement that would be payable to the applicant if:

(a) the applicant were a beneficiary; and

(b) the appropriate weekly maximum amount set out in Part 2 of Schedule 18 of the Act were increased by $100.00

c is the weekly amount of accommodation supplement that the applicant is receiving.

(2) If the applicant is a non-beneficiary, clause 2 of Schedule 18 of the Act applies as if the weekly amount of RePlace assistance calculated under subclause (1) were an amount of accommodation supplement assessed under that Schedule.

(3) No grant of RePlace assistance may exceed $100.00 per week.

15. Delayed redundancy payments—(1) This clause applies to an applicant who has been granted RePlace assistance and subsequently receives the whole or part of any redundancy payment that would have affected eligibility for RePlace assistance had that redundancy payment been taken into account.

(2) The chief executive may recover any amount of RePlace assistance paid to an applicant to whom this clause applies that is greater than the amount that applicant would have received had the redundancy payment been taken into account in assessing eligibility as an overpayment for the purposes of section 85A(f) of the Act.

Part 4

ReCover

16. Purpose—The purpose of ReCover is to provide an income supplement to families with dependent children in a situation where an eligible person loses both the income from full-time work and in-work tax credits under the Income Tax Act 2007.

17. ReCover assistance—The chief executive must make grants of ReCover assistance to an applicant who is eligible for ReStart if the chief executive is satisfied that the applicant:

(a) was eligible for in-work tax credits under section MD 4 of the Income Tax Act 2007 immediately before the redundancy occurred or as the case may