2740 NEW ZEALAND GAZETTE, No. 98 16 AUGUST 2012

(b) assigned to the applicant under section 181 of the Act

approved early-childhood education programme has the same meaning as in the Social Security (Childcare Assistance) Regulations 2004

course of secondary instruction means a full-time course of secondary instruction in a composite school, a correspondence school, or a secondary school (as those terms are defined in section 2 of the Education Act 1989) or in a teen parent unit

eligible child means a child under the age of 5 years who is—

(a) a dependent child of an applicant to whom clause 6(1)(a) or (b) or 7(1)(b) applies; or

(b) a child for whom an applicant to whom clause 7(1)(a) applies has primary responsibility for day-to day care

guaranteed childcare assistance payment or GCAP means the special assistance under this programme; and GCAP payment has a corresponding meaning

parent includes a step-parent

TIA programme means the Training Incentive Allowance Programme established and approved under section 124(1)(d) of the Act

youth activity obligation means an obligation under section 170(1)(a), (b), or (c) of the Act.

(2) Terms otherwise defined in section 3(1) or 157 of the Act have the same meanings in this programme.

5. Application of the Act—(1) Sections 11D, 12, 62, 63, 74, 74A, 75, 76, 77, 80(1), 80AA, 80A, 80BD, 81, 82(1), 82(3) to (5), 84 and 86J of the Act apply to the following as if the special assistance under this programme were a benefit:

(a) This programme;

(b) an applicant;

(c) an applicant’s spouse or partner (if any);

(d) the provider of an approved early-childhood education programme.

(2) Nothing in subclause (1) limits the application of any other provision of the Act.

6. Guaranteed childcare assistance payment: Entitlement—(1) This subclause applies to:

(a) a young person who is receiving a young parent payment under Part 5 of the Act and is the principal caregiver of 1 or more dependent children; or

(b) a young person to whom section 171(2) of the Act applies who is the principal caregiver of 1 or more dependent children.

(2) An applicant to whom subclause (1) applies is entitled to be granted GCAP in respect of any period to which the chief executive is satisfied that both of the following apply:

(a) an eligible child of the applicant is or will be attending an approved early-childhood education programme;

(b) the applicant is—

(i) complying with a youth activity obligation; or

(ii) taking actions that would comply with the obligation in section 170(1)(a) of the Act before that obligation applies to the applicant under section 170(4) of the Act; or

(iii) undertaking employment in addition to, and during hours when he or she is not, undertaking or participating in an activity described in subparagraph (i) or (ii).

(3) Subclause (2) is subject to subclauses (5) and (6) and clause 8.

(4) GCAP may be granted in respect of 2 or more eligible children of an applicant.

(5) An applicant is not entitled to be granted GCAP in respect of an eligible child and any period unless the chief executive is satisfied that, during that period, the spouse or partner of the applicant (if any) cannot, for a good and sufficient reason (as defined in this clause), provide care to that child.

(6) If an applicant’s employment in any week exceeds 15 hours, the applicant is not entitled to be granted GCAP under subclause (2)(b)(iii) in respect of that excess.

(7) In this clause, good and sufficient reason includes (without limitation) that the spouse or partner is, during the period concerned,—

(a) participating in employment; or

(b) undertaking a full-time course of secondary instruction, tertiary education, approved training, or work-based learning of a kind referred to in section 170(1)(a) of the Act; or

(c) required to comply with any youth activity obligation; or

(d) required to comply with work test obligations; or

(e) incapacitated by reason of sickness, injury or disability.

7. GCAP: Discretionary grants—(1) This subclause applies to—

(a) a person under the age of 18 years who—

(i) is single, not receiving an income-tested benefit in his or her own right, and is himself or herself a dependent child of his or her parent or guardian; and

(ii) has the primary responsibility for the day-to-day care of 1 or more of the person’s children under the age of 5 years; and

(iii) is (or is about to be) enrolled in a course of secondary instruction; or

(b) a person aged not less than 16 or more than 18 years who is—

(i) married or in a civil union or in a de facto relationship; and

(ii) not receiving an income-tested benefit in his or her own right or as the spouse or partner of another person granted an income-tested benefit; and

(iii) the principal caregiver in respect of 1 or more dependent children under the age of 5 years; and

(iv) enrolled (or about to be enrolled) in a course of secondary instruction.

(2) The chief executive may grant GCAP to an applicant to whom subclause (1) applies in respect of any period that the chief executive is satisfied that the applicant’s eligible child or children is, are, or will be attending an approved early-childhood education programme during a period when the applicant is—

(a) participating in the course of secondary instruction; or

(b) undertaking employment in addition to, and during hours when he or she is not, participating in that course.

(3) Subclause (2) is subject to subclause (4) and clauses 6(5) and 8.

(4) If an applicant’s employment in any week exceeds 15 hours, the applicant is not entitled to be granted GCAP under subclause (2)(b) in respect of that excess.