NEW ZEALAND GAZETTE, No. 115

9 SEPTEMBER 2010

Definitions following clause 17.5.2

Omit "job seeker development activity, Social Security Act 1964, s 88A".

Clause 17A.2.2(a)

Omit "Organised Activity" and substitute "activity of a kind referred to in section 102A(1)(f) of the Act".

Training Incentive Allowance Programme

(as established and approved on 30 November 1998)^5

Clause 5.2.1(a)

Omit "personal development and".

Transition to Work Grant Programme

(as established and approved on 23 January 2007)^6

Clause 7(2)(b)

Insert "continued by section 37(2) of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 or an activity of the kind referred to in section 102A(1)(f) of the Act" after "activity".

Explanatory Note

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

This instrument, which comes into effect on 27 September 2010, amends the Ministerial Direction on Advance Payments of Benefit and the following welfare programmes under the Social Security Act 1964 to align them with the amendments to that Act made by the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010:

• Course Participation Assistance Programme;
• Recoverable Assistance Programme;
• Recoverable Assistance for Study Costs Programme;
• Special Needs Grants Programme;
• Training Incentive Allowance Programme;
• Transition to Work Grant Programme.

The instrument also corrects some drafting errors in the Special Needs Grants Programme.

1New Zealand Gazette, 21 December 2006, No. 174, page 5102

2New Zealand Gazette, 24 June 1999, No. 75, page 1687

3New Zealand Gazette, 17 December 2009, No. 188, page 4520

4New Zealand Gazette, 28 January 1999, No. 8, page 202

5New Zealand Gazette, 10 December 1998, No. 193, page 4695

6New Zealand Gazette, 1 February 2007, No. 10, page 215

Instrument Amending Special Needs Grants and Recoverable Assistance Programmes and Direction on Advance Payments of Benefit 2010

Pursuant to sections 5 and 124(1)(d) of the Social Security Act 1964, the Minister for Social Development and Employment makes the following instrument.

Dated this 29th day of August 2010.

HON PAULA BENNETT, Minister for Social Development and Employment.

Instrument

1. Title—This instrument is the Instrument amending Special Needs Grants and Recoverable Assistance Programmes and Direction on Advance Payment of Benefits 2010.

2. Commencement—This instrument comes into effect on 27 September 2010.

3. Amendments to Special Needs Grants Programme—

The Special Needs Grants Programme (as established and approved on 18 December 1998)^1 is amended in the manner set out in Schedule 1.

4. Amendments to Recoverable Assistance Programme—

The Recoverable Assistance Programme (as established and approved on 15 February 1999)^2 is amended in the manner set out in Schedule 2.

5. Amendment to Direction on Advance Payment of Benefits—

The Direction on Advance Payment of Benefits given on 25 May 1999^3 is amended in the manner set out in Schedule 3.

Schedule 1

Amendments to Special Needs Grants Programme

Clause 3.1

Insert in their appropriate alphabetical order:

"applicable payment means any of the following:

(a) an advance payment of a benefit under section 82(6) of the Act:

(b) a grant under this programme (excluding a grant under any of Parts 5, 6, and 6A):

(c) a payment under the Recoverable Assistance Programme established and approved under section 124(1)(d) of the Act on 15 February 1999 (excluding a payment under Part 3A)"

"budgeting activity means an activity referred to in clause 9.15 or, as the case requires, an activity referred to in clause 9.8 of the Recoverable Assistance Programme or regulation 6 of the Social Security (Advance Payment of Benefit) Regulations 2010"

"specified period, in relation to an application for a grant, means—

(a) a period that starts on 27 September 2010 and ends on the date on which the application is made, if that period is less than 12 months; or

(b) the preceding period of 12 months that ends on the date on which the application is made, if that date is 12 months or more after 27 September 2010".

Clause 9

Insert after clause 9.11:

"9.12 The chief executive may, in the circumstances set out in clause 9.13, request an applicant for a grant under this programme (other than for a grant under any of Parts 5, 6, and 6A) or the applicant's spouse or partner (if any), or both, to undertake a budgeting activity.

9.13 The circumstances referred to in clause 9.12 are as follows:

(a) the applicant has received 3 or more applicable payments within the specified period; or

(b) paragraph (a) does not apply to the applicant,

but the chief executive, after taking into account the following matters, considers that it would be beneficial for the applicant or the applicant's spouse or partner (if any), or both, to undertake a budgeting activity to better manage their finances:

(i) the applicant has received repeated applicable payments for the same cost (whether the payments were received before or after 27 September 2010;

(ii) the applicant’s history of receiving multiple applicable payments (whether that history relates to a period before or after 27 September 2010);

(iii) the amount of the applicant’s debts that are due to the Crown (within the meaning of section 85A of the Act) and whether