3 JULY 2014 NEW ZEALAND GAZETTE, No. 70 1973

(3) In clause 4(1), replace the definition of sustainable employment with:

“sustainable employment,—

(a) means a period of employment that results in a person not receiving a main benefit under the Act for a period of 91 days or longer; and

(b) for a person who is receiving a main benefit under the Act and is unable to engage in full-time employment because of sickness, injury, or disability, includes employment that results in the reduction of benefit payments to the person”.

(4) In clause 4(1), replace the definition of young person with:

“young person means,—

(a) except for the purpose of the youth service, a person aged at least 16 years but under the age of 20 years; and

(b) for the purpose of the youth service, a person aged at least 15 years but under the age of 18 years.”

5. Clause 5 amended (Application of the Act)—(1) In clause 5(1)(b), replace “person granted assistance under this programme” with “applicant”.

(2) In clause 5(1)(c), replace “a person to whom paragraph (b) applies” with “an applicant”.

6. Clause 6 amended (Employment or work readiness assistance: eligibility)—(1) In clause 6(1), replace “a person” with “an applicant”.

(2) In clause 6(2),—

(a) replace “(5) and” with “(5),”;

(b) replace “principles” with “matters”.

(3) After clause 6(2) insert:

“(2A) In the exercise of the discretion under subclause (1), the chief executive may from time to time —

(a) promulgate guidelines not inconsistent with this programme for staff of the department exercising delegated authority for the purpose of targeting assistance or assistance of a specified kind towards eligible people or specified cohorts of eligible people the chief executive considers most at risk of long-term benefit receipt, including the specification of eligibility criteria for that purpose; and

(b) establish and conduct pilot schemes to provide specified kinds of assistance to specified cohorts of eligible people for the purpose of evaluating their effectiveness in achieving the purpose of this programme, including the specification of eligibility criteria for the schemes; and

(c) not provide or discontinue the provision of any specified kind of assistance that, after evaluation, the chief executive considers is not effective to achieve the purpose of this programme.

(2B) A condition imposed under subclause (1) may include a condition that the assistance granted is recoverable in one or more specified circumstances, and in any of those circumstances the assistance is recoverable accordingly and is a debt due to the Crown for the purposes of section 85A(d)(ii) of the Act.”

(4) In clause 6(3)(c)(i), after “receiving”, insert “(or who has been granted subject to a stand down period)”.

(5) In clause 6(3)(c), after subparagraph (i), insert:

“(ia) a person who has applied for and been assessed as eligible for a main benefit under the Act:”.

(6) In clause 6(3)(c), after subparagraph (vi), insert:

“(vii) a person who is receiving New Zealand superannuation or a veteran’s pension as a non-qualified spouse or partner.”

(7) In clause 6(4), replace “person” with “applicant”.

7. Clause 8 amended (Principles to be applied in exercise of discretion to grant assistance)—(1) In the heading to clause 8, replace “Principles” with “Matters”.

(2) In clause 8, after “chief executive”, insert “may have regard to an eligible person’s cash assets and income (including the cash assets and income of the person’s spouse or partner, if any) and”.

(3) In clause 8(c)(iv), replace “workforce:” with “workforce; and”.

(4) Replace clause 8(d) with:

“(d) any policy of the Government relating to employment or work readiness assistance or a specified kind of employment or work readiness assistance; and

(e) for an eligible person under clause 6(3)(c)(i), the kind of work-related obligations (if any) the person has under the Act depending on whether the person is a work-tested beneficiary, a part-time work-tested beneficiary, or a person who is required to comply with obligations under section 60Q of the Act; and

(f) whether section 60H(3) of the Act (which relates to voluntary unemployment) applies to an eligible person or would apply to the person if he or she were a person to whom section 60H(2) of the Act applied; and

(g) in relation to an eligible person and any specified kind of employment or work readiness assistance, whether the person is or may be entitled to any other publicly funded assistance for the same or a similar purpose under the Act or another enactment.”

8. Clause 12 amended (Revocations)—(1) After clause 12(2), insert:

“(3) The following welfare programmes established and approved under section 124(1)(d) of the Act are revoked on the close of 30 June 2014:

(a) the Course Participation Assistance Programme²;

(b) the Training Incentive Allowance Programme³;

(c) the Transition to Work Grant Programme⁴.

(4) The Direction in relation to section 124(1)(d) and (1A) 2012⁵ given under section 5 of the Act is consequentially revoked on the close of 30 June 2014.”

(2) Revoke the remaining provisions of the Ministerial Guidelines for Employment and Training Assistance referred to in clause 12(2).

(3) In clause 12(1), delete “(other than the provisions referred to in subclause (2))”.

(4) Revoke clause 12(2).

9. Clause 13 amended (Savings and transitional provisions)—(1) In clause 13(1), after “training assistance”, insert “or special assistance”.

(2) In clause 13(1), after “and Training Assistance”, insert “or welfare programmes”.

(3) In clause 13(1), after “clause 12”, insert “or by that clause as amended by the Employment and Work Readiness Assistance Amendment 2014”.

(4) In clause 13(1)(a), after “programme”, insert “or, as the case requires, the close of 30 June 2014”.

(5) In clause 13(1)(b), after “commencement”, insert “or, as the case requires, that date”.

(6) In clause 13(2), after “programme”, insert “or, as the case requires, the close of 30 June 2014”.

(7) In clause 13(2), after “training assistance”, insert “or special assistance”.

(8) In clause 13(2), after “clause 6(1)”, insert “and subject to the same conditions (if any) to which that assistance was”.