To: The Chief Executive of the Ministry of Social Development.
Pursuant to section 5 of the Social Security Act 1964, the Minister for Social Development and Employment makes the following amendment to the Direction in relation to Special Benefit given on 10 February 1999.
Dated at Wellington this 19th day of December 2005.
DAVID BENSON-POPE, Minister for Social Development and Employment.
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A m e n d m e n t
1. Title—(1) This amendment is the Direction in relation to Special Benefit Amendment (No. 4) 2005.
(2) In this amendment, the Direction in relation to Special Benefit is called “the direction”.
2. Commencement—This amendment comes into effect on the day after the date on which it is published in the
New Zealand Gazette, and applies in respect of applications for special benefit made, and to reviews of special benefit conducted, on or after the date on which it comes into effect.
3. Definitions—Clause 2.1 of the direction is amended by revoking paragraph (k) of the definition of allowable costs, and substituting the following paragraph:
“(k) any payments required to be made by the applicant or his or her spouse or partner—
(i) in respect of any past, current, or future debt, fine, or other liability (except payments in respect of the costs referred to in paragraphs (a) to (h) of this definition); or
(ii) in repayment of any advance payment of benefit made under section 82 (6) of the
Act or recoverable assistance granted under section 124 (1) (d) of the Act; or”
4. Other amendments—The direction is amended in the manner set out in the Schedule.
Schedule
Clause 4
Amendments to the direction
Clause 1.4
Insert in paragraph (c), after the word “spouse”, the words “or partner”.
Clause 2.1
Insert in the definition of allowable costs, after the word “spouse” where it first appears, the words “or partner”.
Insert in paragraphs (d) (i), (g) (i) and (ii), (ga), (h) (ii), (j) and (l) of the definition of allowable costs, after the word “spouse”, the words “or partner”.
Insert in the definition of cash assets, after the word “spouse” wherever it appears, the words “or partner”.
Insert in the definition of chargeable income, after the word “spouse”, the words “or partner”.
Revoke the definition of grand-parented rate.
Clause 3.1
Omit from paragraph (a) (i) the word “unmarried” and substitute the word “single”.
Omit from paragraph (a) (ii) the words “married person” and substitute the words “person who is married or in a civil union”.
Example
Omit the word “unmarried” and substitute the word “single”.
Schedule
Omit from clause 1 (a) and (b), 4 (a) and (b), 6 (a) and (b), and 7 (a) and (b) the word “unmarried” and substitute the word “single”.
Insert in clause 1 (c), 4 (c), 6 (c), and 7 (c), after the word “married”, the words “or in a civil union”.
Revoke clause 3.
Omit from clauses 9, 10, 13, and 15 the words “married couple” and substitute the words “couple who are married or in a civil union”.
Omit from clauses 16 and 17 the words “married or unmarried person” and substitute the words “person who is married or in a civil union or is single and”.
Insert in paragraph (a) and (b) in the second column of each of clause 16 and clause 17, after the word “spouse”, the words “or partner”.
Omit from clause 18 the words “married person” and substitute the words “person who is married or in a civil union”.
Insert in clause 18, after the word “spouse”, the words “or partner”.
Omit from the second column of clause 18 the word “unmarried” and substitute the word “single”.
Explanatory Note
This note is not part of the amendment, but is intended to indicate its general effect.
This amendment to the Direction in relation to Special Benefit:
? makes changes to paragraph (k) of the definition of allowable costs to clarify the intent of the paragraph.
? makes other minor and technical changes to the direction, including changes consequential on the coming into force of Part 1 of the Social Security Amendment Act 2005.