NEW ZEALAND GAZETTE, No. 29

13 MARCH 2014

grantee means an eligible person to whom employment or work readiness assistance is granted

GST inclusive, in relation to an amount specified in the Schedule, means that amount inclusive of any goods and services tax (within the meaning of the Goods and Services Tax Act 1985) payable in respect of it

health services means personal health services within the meaning of section 6(1) of the New Zealand Public Health and Disability Act 2000

main benefit under the Act has the same meaning as the term main benefit under this Act in section 3(1) of the Act

services means services of a kind specified in the Social Security (Contracts and Information Sharing with Service Providers) Regulations 2012 (SR 2012/210)

sustainable employment means a period of employment that results in a person not receiving a main benefit under the Act for at least 91 days or longer

voluntary work has the same meaning as in section 88A of the Act

working-age—

(a) means an age in the range 18 to 64 years inclusive;

and

(b) includes an age of or over 65 years in relation to a person who is not qualified to receive New Zealand superannuation

young person means a person aged at least 16 years but under the age of 20 years.

(a) course costs; and

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

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

5. Application of the Act—

(1) Sections 12(1A) to (3), 63, 74(1)(a), 76, 80A, 81, 82(1) and (4), and 84 of the Act apply to and in respect of the following as if the special assistance under this programme were a benefit under the Act—

(a) this programme; and

(b) any person granted assistance under this programme; and

(c) any spouse or partner of a person to whom paragraph (b) applies; and

(d) any person to whom any assistance granted under this programme is paid pursuant to clause 10(b), (c), or (d).

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

6. Employment or work readiness assistance: eligibility—

(1) For the purposes of this programme, the chief executive may, in his or her absolute discretion and subject to such conditions as the chief executive thinks fit, grant to a person to whom this clause applies employment or work-readiness assistance of any 1 or more of the kinds specified in the Schedule.

(2) Subclause (1) is subject to subclauses (4) and (5) and clause 7, the principles set out in clause 8, and clause 9.

(3) This clause applies to any person who—

(a) is a young person or of working-age; and

(b) is either—

(i) a New Zealand citizen or is a person who holds or is deemed to hold a residence class visa under the Immigration Act 2009 that permits the holder to work in New Zealand; or

(ii) a person recognised as a refugee or protected person under that Act; or

(iii) a person holding a temporary class visa under that Act that permits the person to work in New Zealand and who is—

(A) awaiting the outcome of his or her claim for recognition as a refugee or a protected person (within the meaning of that Act); or

(B) a person applying for a residence class visa under that Act who is compelled to remain in New Zealand because of unforeseen circumstances; and

(c) is any of the following:

(i) a beneficiary—

(A) receiving a main benefit under the Act or the spouse or partner of A:

(ii) a person formerly receiving a main benefit under the Act whose benefit was terminated because that person entered employment:

(iii) a person granted a supported living payment under the Act on the ground of sickness, injury, or disability who is not for the time being receiving that benefit because he or she is undertaking open employment for a period agreed with the chief executive under section 40K of the Act:

(iv) a person to whom section 11E of the Act (pre-benefit activities) applies at any time before a main benefit under the Act becomes payable to that person or his or her spouse or partner:

(v) a person who has contacted the department or a contracted service provider seeking assistance to obtain or retain employment:

(vi) an applicant for a supported living payment under section 40B of the Act on the ground of sickness, injury, disability, or total blindness.

(4) However, employment or work readiness assistance of a particular kind specified in the Schedule must not be granted under subclause (1) unless the person meets any other eligibility criteria specified in the Schedule relating to that kind of assistance.

(5) Employment or work readiness assistance must not be granted in respect of any employment, self-employment, educational or employment-related training course, work readiness activity, or services located or provided outside New Zealand.

7. Application for assistance may be required—

(1) If the chief executive requires an application to be made for any specific kind of employment or work readiness assistance under this programme, that assistance must not be granted to an eligible person until the department has received—

(a) an application form (provided by the chief executive for the purpose) completed by or on behalf of the person and his or her spouse or partner (if any) to the chief executive’s satisfaction; and

(b) any supporting evidence reasonably required by the chief executive.

(2) The form referred to in subclause (1) does not have to refer to assistance of any particular kind.

(3) The chief executive may waive all or part of a requirement to provide information (including information specified in an application form) under subclause (1) if satisfied that the department—

(a) already holds the information concerned; or

(b) already holds enough other information to determine the matter for which the information concerned is needed.

8. Principles to be applied in exercise of discretion to grant assistance—

In exercising the discretion under clause 6(1), the chief executive must have regard to—