3 JULY 2014 NEW ZEALAND GAZETTE, No. 70 1977

(2) For the purpose of this programme, a person is awaiting allocation of social housing if the agency has assessed that the person is eligible for social housing but the person has not yet been allocated social housing by a social housing provider.

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

5. Application of the Act—(1) Sections 12(1A)–(3), 63, 74(1)(a) and (d), 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 applicant; and

(c) any spouse or partner of any applicant; and

(d) any other person who is an applicable person in respect of housing in respect of which assistance under this programme is granted; and

(e) any person to whom any assistance granted under this programme is paid pursuant to clause 9(b) or (c).

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

6. Assistance is discretionary—(1) For the purposes of this programme, the chief executive may, in his or her discretion and subject to such conditions as the chief executive thinks fit, grant to an applicant assistance of any one or more of the kinds specified in Part 2 of this programme.

(2) However, assistance of a particular kind specified in Part 2 must not be granted under subclause (1)—

(a) unless the applicant meets the eligibility criteria specified in that Part relating to that kind of assistance; or

(b) if the grant would be contrary to any restriction specified in that Part relating to that kind of assistance; or

(c) if the amount of the grant would, in the chief executive’s opinion, exceed or be likely to exceed the amount of money appropriated by Parliament for the purpose of granting special assistance under this programme.

(3) Despite the provisions of subclause (1) and clauses 12, 18 and 25, the chief executive may, if he or she is satisfied that the applicant or the applicant’s spouse or partner has not realised any assets available for the applicant’s personal use, refuse to grant a bond grant, moving assistance or letting fees assistance to an applicant to whom the chief executive would otherwise grant that kind of assistance.

7. Residential criteria—A person meets the residential criteria if he or she meets the basic residential qualifications set out in clause 5(2) of the Ministerial Direction on Eligibility for Social Housing or is a person who is deemed by clause 5(3) of that direction to have met those qualifications.

8. Application for assistance required—(1) Assistance under this programme in respect of any housing must not be granted until the department has received—

(a) an application form (provided by the chief executive for the purpose) completed by or on behalf of the applicant in relation to the housing 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 or the agency—

(a) already holds the information concerned; or

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

9. Payment of assistance—The chief executive may, in his or her discretion, having regard to the kind of assistance, pay any assistance granted under this programme—

(a) to or on account of the applicant; or

(b) to the applicant’s former or prospective landlord; or

(c) in any other manner the chief executive thinks fit.

Part 2

Specific Forms of Assistance

Subpart 1—Bond Grants

10. Purpose of this subpart—The purpose of this subpart is to allow for non-recoverable grants of special assistance towards the payment of bonds for alternative housing to specified people to help alleviate hardship by reducing their need to borrow to pay bonds.

11. Bond grant: eligibility—(1) An applicant who meets the residential criteria is eligible to be considered for a bond grant under this programme if—

(a) the applicant (whether alone or together with any other person) is either—

(i) a tenant of any social housing; or

(ii) a person who is awaiting allocation of social housing; or

(iii) a person who has contacted the department or the agency in regard to the person’s housing need; and

(b) the applicant is a tenant under a tenancy agreement for alternative housing that requires the tenant or tenants to pay a bond; and

(c) in the chief executive’s opinion having regard to sustainability, the applicant is likely to be able to retain alternative housing.

(2) Subclause (1) is subject to clause 12.

12. Bond grant: ineligibility—An applicant is ineligible for a bond grant if he or she—

(a) has cash assets or income in excess of the cash assets limit or the income limit; or

(b) in the chief executive’s opinion, has or will have access to a refund of a bond payment in respect of the person’s former rental housing that is sufficient to cover the bond payment for the alternative housing.

13. Bond grant: restrictions on grant—Only one bond grant may be made to an applicant or his or her spouse or partner (if any) in a 52-week period.

14. Bond grant: 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—

(a) the reasons the applicant needs bond grant assistance; and

(b) whether other assistance or an advance payment of a benefit under the Act in respect of a bond payment is available to the applicant; and

(c) any other matters the chief executive considers relevant.