Pursuant to section 124 (1) (d) of the Social Security Act 1964, the Minister of Social Services and Employment establishes and approves the following welfare programme for special assistance.
STEVE MAHAREY, Minister of Social Services and Employment.
Dated at Wellington this 13th day of November 2000.
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P r o g r a m m e
1. Title-This is the Special Transfer Allowance Programme 2000.
2. Commencement-This programme comes into effect on 17 November 2000.
3. Purpose-The purpose of this programme is:
(a) to continue the financial assistance provided under the former special transfer allowance programme.
(b) to provide financial assistance to certain persons who were recipients of a tenure protection allowance and who ceased to be eligible for that allowance by reason only that Housing New Zealand Limited sold the premises of which they were tenants to private landlords.
4. Interpretation-(1) In this programme, unless the context otherwise requires-
Act means the Social Security Act 1964
accommodation costs has the meaning in section 61E of the Act
allowance means a special transfer allowance under this programme
average regional rent means the appropriate average regional rent set out in the Schedule
commencement date means the date on which this programme comes into effect
former special transfer allowance programme means the special transfer allowance programme approved under section 124 (1) (d) of the Act on 6 September 1996 (the approval of which is revoked by clause 13)
HNZ housing means premises (whether owned by the Crown, Housing New Zealand Limited, or any other person) let by or on behalf of Housing New Zealand Limited for occupation by any person as a place of residence
premises means any premises let to a person for occupation as a place of residence
qualifying person means a person who was a qualifying person (within the meaning of section 61FC of the Act (before its repeal by section 7 of the Housing Restructuring (Income-Related Rents) Amendment Act 2000)) in respect of premises for which a tenure protection allowance was payable
recipient means a person granted an allowance under this programme
tenure protection allowance means the allowance provided for under section 61FC of the Act (before its repeal by section 7 of the Housing Restructuring (Income-Related Rents) Amendment Act 2000)
(2) Expressions otherwise defined in sections 3 (1) and 61E and in the Eighteenth Schedule of the Act have the meanings so defined.
5. Application of the Social Security Act-(1) Sections 3, 12, 61E, 62, 63, 74, 74A, 76, 77, 80, 80A, 81, 82 (except 82 (6)), 84, and 86J of the Act apply to this programme as if an allowance under it were a benefit.
(2) Nothing in subclause (1) limits or affects any other section of the Act.
6. Special transfer allowance: eligibility-(1) A person who was, immediately before the commencement of this programme, in receipt of special assistance under the former special transfer allowance programme, is eligible for a special transfer allowance under this programme if-
(a) the person continues to rent premises from a landlord other than Housing New Zealand Limited; and
(b) the premises are not HNZ housing; and
(c) the weekly rental for the premises is higher than the appropriate average regional rent; and
(d) the person is a qualifying person, or a qualifying person continues to be resident in the premises.
(2) A person who was in receipt of a tenure protection allowance in respect of his or her tenancy of any premises immediately before the date on which Housing
New Zealand Limited sold the premises on one of the following dates, namely 1 March 1999 or 14 May 1999, and has continued since the date of the sale to occupy the premises as a tenant, is eligible for a special transfer allowance under this programme if-
(a) the landlord of the premises is other than Housing New Zealand Limited; and
(b) the premises are not HNZ housing; and
(c) the weekly rental for the premises is higher than the appropriate average regional rent; and
(d) the person is a qualifying person, or a qualifying person continues to be resident in the premises.
(3) A person who is a qualifying person in respect of any premises for which an allowance is payable is eligible for a special transfer allowance under this programme if-
(a) the person moves from those premises to rental premises let to the person by a landlord other than Housing New Zealand Limited; and
(b) the premises are not HNZ housing; and
(c) the weekly rental for the premises is higher than the appropriate average regional rent.
(4) A person is not eligible for an allowance if he or she is-
(a) a boarder in any premises; or
(b) a person receiving residential care services.
7. Grant of allowance-(1) The chief executive may from time to time grant an allowance to a person who is eligible for it on application by the person or on the chief executive's own motion.
(2) If premises are rented by 2 or more joint tenants, only 1 allowance may be granted at any one time in respect of the premises.
8. Rate of allowance-(1) The amount of an allowance granted to a person eligible for it under clause 6 (1)-
(a) is the amount by which the recipient's weekly accommodation costs exceed the appropriate average regional rent on the commencement date; but
(b) except as provided in clause 9, must not be more than the weekly amount of the special assistance payable under the former special transfer allowance programme immediately before the commencement date.
(2) The amount of an allowance granted to a person eligible for it under clause 6 (2)-
(a) is the amount by which the recipient's weekly accommodation costs exceed the appropriate average regional rent on the date the person first became eligible for the allowance; but
(b) except as provided in clause 9, must not be more than the weekly amount of the tenure protection allowance payable immediately before that allowance ceased to be payable.
(3) The amount of an allowance granted to a person eligible for it under clause 6 (3)-
(a) is the amount by which the recipient's weekly accommodation costs exceed the appropriate average regional rent on the date the recipient first became eligible for the allowance; but
(b) except as provided in clause 9, must not be more than the weekly amount of the allowance payable in respect of the premises in which the recipient was resident immediately before the recipient vacated those premises.
(4) Where a recipient is receiving an accommodation supplement in relation to the premises and the amount of allowance is not taken into account in calculating the recipient's accommodation supplement, the chief executive must reduce the amount of the allowance by the difference between-
(a) the amount of the accommodation supplement; and
(b) the amount of the accommodation supplement that would be payable if the recipient's weekly accommodation costs were reduced by the amount of allowance.
(5) This clause is subject to clauses 9, 11 and 12.
9. Annual adjustment of rate-The amount of allowance payable to a recipient must-
(a) be adjusted annually as at 1 April in each year by the percentage by which the rental component of the consumer price index has altered since 1 December of the previous year; but
(b) must not be adjusted by reason of a change in the recipient's accommodation costs or the average regional rental.
10. Ending of allowance-(1) An allowance ceases to be payable if the qualifying person in respect of any premises-
(a) dies, but the chief executive may, in his or her discretion, for a period not exceeding 3 months-
(i) continue to pay the allowance to the recipient; or
(ii) if the recipient has died, pay the allowance to a member of the recipient's family-
while the recipient or that member is resident in the premises; or
(b) vacates the premises.
(2) Where an allowance ceases under subclause (1) (b), the qualifying person may apply for and be granted an allowance in his or her own right, if he or she is otherwise eligible for it.
11. Provisions where recipient moves to other qualifying premises-(1) Where-
(a) a recipient of an allowance moves to other rental premises that are not HNZ housing; and
(b) the recipient is a qualifying person, or a qualifying person moves with the recipient to live in the premises-
the recipient's eligibility for the allowance is not affected by reason only of the move, but the rate of the allowance must be reassessed on the basis of the accommodation costs for the premises and the average regional rent appropriate to the premises.
(2) Where subclause (1) applies, then except as provided in clause 9, the amount of allowance must not exceed the amount of the allowance paid to the recipient immediately prior to the move.
12. Effect of review-Where an allowance is reviewed under section 81 of the Act, the amount of allowance must remain the same if the recipient otherwise remains eligible for it.
13. Revocation-The approval of the special transfer allowance programme dated 6 September 1996 is revoked.
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Schedule
Clause 8
Average Regional Rents
1. For a single person without a dependent child living in Auckland, the average rent for a one-bedroom property in Auckland $138 per week.
2. For a single person without a dependent child living in Wellington, the average rent for a one-bedroom property in Wellington $117 per week.
3. For a single person without a dependent child living elsewhere in New Zealand, the average rent for a one-bedroom property in the rest of New Zealand $88 per week.
4. For any other person living in Auckland, the average rent for a two-bedroom property in Auckland $189 per week.
5. For any other person living in Wellington, the average rent for a two-bedroom property in Wellington $153 per week.
6. For any other person living elsewhere in New Zealand, the average rent for a two-bedroom property in the rest of New Zealand $127 per week.
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Explanatory Note:
This note is not part of the programme, but is intended to explain its general effect.
This programme replaces the Special Transfer Allowance Programme approved in 1996. It continues the eligibility for the special transfer allowance of people who were receiving it under that programme and are not residing in rental premises owned or managed by Housing New Zealand Limited. It also confers new eligibility for a special transfer allowance on certain people who lost eligibility for tenure protection allowance by reason only that Housing New Zealand Limited sold the premises they were renting to private landlords. The programme commences on 17 November 2000.