Pursuant to sections 5 and 124 (1) (d) of the Social Security Act 1964, the Minister for Social Development and Employment, by this instrument, makes the following amendments to the directions and welfare programmes set out in the Schedule.
Dated at Wellington this 15th day of May 2006.
DAVID BENSON-POPE, Minister for Social Development and Employment.
I n s t r u m e n t
1. Title—This instrument is the Instrument amending ministerial directions and welfare programmes (No. 2) 2006.
2. Commencement—This instrument comes into effect on 9 June 2006.
3. Amendments relating to recognition of civil unions—The directions and welfare programmes set out in the Schedule are amended in the manner set out in the Schedule.
Schedule
Clause 3
Directions and welfare programmes amended
Assistance to Live Organ Donors Direction (given on 18 January 2005 and published in the New Zealand Gazette,
3 February 2005, No. 32, page 774)
Clause D3
Insert after “spouse” — “or partner”.
Clause D9
Insert in the heading after “spouses”— “or partners”.
Insert after “spouse” — “or partner”.
Direction on Advance Payment of Benefits (given on 25 May 1999 and published in the New Zealand Gazette, 24 June 1999, No. 75, page 1687)
Clause 1.1
Insert in paragraph (b) of the definition of beneficiary, after “spouse” in both places it appears — “or partner”.
Insert in the definition of cash assets, after “spouse” in both places it appears — “or partner”.
Insert in paragraph (b) of the definition of immediate needs, after “spouse” — “or partner”.
Clause 2.2 (a)
Insert after “spouse” — “or partner”.
Clause 2.3
Insert after “spouse” in both places it appears — “or partner”.
Clause 2.3 (a) (i)
Omit “an unmarried” and substitute “a single”.
Clause 2.3 (a) (ii)
Omit “married person” and substitute “person who is married or in a civil union”.
Clause 4.2
Insert after “spouse” — “or partner”.
Clause 6.2 (a)
Insert after “spouse” — “or partner”.
Clause 6.3 (c)
Insert after “spouse” in both places it appears — “or partner”.
Clause 7.3.2
Insert after “spouse” — “or partner”.
Direction in Relation to Emergency Benefit and Benefits on Ground of Hardship (given on 6 October 1998 and published in the New Zealand Gazette, 15 October 1998, No. 172, page 4120)
Clause 1
Insert in the definition of cash assets, after “spouse” in both places it appears — “or partner”.
Clause 2 (a) (i)
Omit “unmarried” and substitute “single”.
Clause 2 (a) (ii)
Omit “married or is unmarried” and substitute “married or in a civil union, or is single”.
Clause 2 (b)
Insert after “spouse” — “or partner”.
Clause 3 (a) (i)
Omit “unmarried” and substitute “single”.
Clause 3 (a) (ii)
Omit “married or is unmarried” and substitute “married or in a civil union, or is single”.
Clause 3 (b)
Insert after “spouse” — “or partner”.
Clause 8 (b)
Insert after “spouse” in both places it appears — “or partner”.
Clause 9 (b)
Insert after “spouse” — “or partner”.
Clause 9 (c) (i)
Omit “an unmarried” and substitute “a single”.
Clause 9 (c) (ii)
Omit “married person” and substitute “person who is married or in a civil union”.
Insert after “spouse” — “or partner”.
Clause 9 (d)
Omit “unmarried” and substitute “single”.
Clause 9 (e) (ii)
Insert after “spouse” — “or partner”.
Clause 10
Insert after “spouse” — “or partner”.
Direction on Pathways Debt Recovery Suspension (given on June 2002 and published in the New Zealand Gazette, 11 July 2002, No. 78, page 2081)
Clause 5
Insert in the heading, after “spouses” — “or partners”.
Clause 5 (1) (b)
Insert after “spouse” — “or partner”.
Clause 5 (3)
Insert after “spouse” — “or partner”.
Domestic Violence and Witness Protection (Relocation) Programme (as established and approved on 27 March 2002 and published in the New Zealand Gazette, 11 April 2002, No. 34, page 1029)
Clause 4 (1)
Omit from the definition of immediate family, “married person” and substitute “person who is married or in a civil union”.
Home Help Programme (as established and approved on 6 May 2004 and published in the New Zealand Gazette, 13 May 2004, No. 52, page 1290)
Clause 4 (1)
Insert in the definition of domestic emergency, after “spouse” — “or partner”.
Clause 5 (1)
Insert after “spouse” — “or partner”.
Clause 6 (1)
Insert after “spouse” in both places it appears — “or partner”.
Clause 7 (1)
Insert after “spouse” in both places it appears — “or partner”.
Clause 7 (2) (a)
Insert after “married” — “or in a civil union”.
Clause 7 (3)
Insert after “spouse” in both places it appears — “or partner”.
Clause 8 (2)
Insert after “spouse” in the three places it appears — “or partner”.
New Employment Transition Grant Programme (as established and approved on 9 December 1998 and published in the New Zealand Gazette, 17 December 1998, No. 200, page 4769)
Clause 2.1
Insert in the definition of cash assets, after “spouse” in both places it appears — “or partner”.
Omit paragraph (a) (ii) of the definition of eligible parent and substitute:
“(ii) the spouse or partner of a person referred to in subparagraph (i) where the benefit was paid at a rate of benefit for persons married or in a civil union (not being the rate in clause 5 of the Ninth Schedule of the Act or 50% of the rate of benefit for persons married or in a civil union payable under sections 117 and 120 of the Act by virtue of a person’s failure to comply with the work test or section 60HA of the Act); and”.
Insert in paragraph (b) of the definition of eligible parent, after “spouse” — “or partner”.
Clause 4.1A
Insert after “spouse” — “or partner”.
Clause 5.3
Omit this clause and substitute:
“5.3 Where a person who is married or in a civil union and his or her spouse or partner are both eligible parents, clauses 5.1 and 5.2 apply to each of them.”.
Pathways Payment Programme (as established and approved on 30 June 2002 and published in the New Zealand Gazette,
11 July 2002, No. 78, page 2081)
Clause 6 (1) (b) (ii)
Insert after “spouse” — “or partner”.
Clause 6 (2)
Insert after “spouse” — “or partner”.
Clause 7 (1)
Insert after “spouse” — “or partner”.
Clause 7 (3)
Insert after “spouse” — “or partner”.
Clause 8 (2)
Omit “married rate” and substitute “rate of benefit for persons married or in a civil union”.
Insert after “spouse” — “or partner”.
Recoverable Assistance Programme (as established and approved on 15 February 1999 and published in the New Zealand Gazette, 25 February 1999, No. 23, page 567)
Clause 3.1
Insert in the definition of cash assets, after “spouse” in both places it appears — “or partner”.
Omit paragraph (a) of the definition of immediate family and substitute:
“(a) in the case of a person who is married or in a civil union, that person, his or her spouse or partner, and each dependent child; and”.
Insert in paragraph (b) of the definition of immediate needs, after “spouse” — “or partner”.
Clause 7.2 (a)
Insert after “spouse” — “or partner”.
Clause 7.3
Insert after “spouse” — “or partner”.
Clause 8.3 (a)
Omit “an unmarried” and substitute “a single”.
Clause 8.3 (b)
Omit “married person” and substitute “person who is married or in a civil union”.
Clause 9.2 (a)
Insert after “spouse” — “or partner”.
Clause 9.4 (c)
Insert after “spouse” in both places it appears — “or partner”.
Clause 11.5.1 (b)
Insert after “spouse” — “or partner”.
Clause 11.7.1
Insert after “spouse” in both places it appears — “or partner”.
Clause 11.8.2 (a)
Omit “an unmarried” and substitute “a single”.
Clause 11.8.2
Omit “married couple” in both places it appears and substitute “couple who are married or in a civil union”.
Clause 11.10
Insert after “spouse” — “or partner”.
Clause 12.1
Insert after “spouse” — “or partner”.
Clause 12A.1.3
Insert after “spouse” — “or partner”.
Clause 12A.2.5
Insert after “spouse” — “or partner”.
Seasonal Work Assistance Programme (as established and approved on 7 July 2002 and published in the New Zealand Gazette, 11 July 2002, No. 78, page 2079)
Clause 6 (1) (c)
Insert after “spouse” — “or partner”.
Schedule 1
Omit “an unmarried” and substitute “a single”.
Social Rehabilitation Assistance Programme (as established and approved on 20 July 2003 and published in the
New Zealand Gazette, 31 July 2003, No. 89, page 2288)
Clause 4 (1)
Omit from paragraph (a) of the definition of amount of benefit, “an unmarried” and substitute “a single”.
Clause 6 (2) (c) (i)
Insert after “special benefit” — “or temporary additional support”.
Clause 6 (2) (d)
Insert after “spouse” in both places it appears — “or partner”.
Special Needs Grants Programme (as established and approved on 18 December 1998 and published in the New Zealand Gazette, 28 January 1999, No. 8, page 202)
Clause 3.1
Insert in the definition of cash assets, after “spouse” in both places it appears — “or partner”.
Omit paragraph (a) of the definition of immediate family and substitute:
“(a) in the case of a person who is married or in a civil union, that person and his or her spouse or partner and their dependent children (if any); and”.
Clause 7.2 (a)
Insert after “spouse” — “or partner”.
Clause 7.3
Insert after “spouse” — “or partner”.
Clause 8.3 (a)
Omit “an unmarried” and substitute “a single”.
Clause 8.3 (b)
Omit “married person” and substitute “person who is married or in a civil union”.
Clause 8.4
Insert after “spouse” — “or partner”.
Clause 9.4B
Insert after “spouse” in both places it appears — “or partner”.
Clause 9.5 (a)
Insert after “spouse” — “or partner”.
Clause 11.2.1 (b)
Insert after “spouse” — “or partner”.
Clause 11.2.2 (a)
Omit “an unmarried” and substitute “a single”.
Clause 11.2.2
Omit “married couple” in the three places it appears and substitute “couple who are married or in a civil union”.
Clause 11.5.3
Insert after “spouse” — “or partner”.
Clause 12.2 (c)
Insert after “spouse” in both places it appears — “or partner”.
Clause 13.4.1 (a)
Insert after “spouse” — “or partner”.
Clause 13.4.2
Insert after “spouse” in both places it appears — “or partner”.
Clause 13.4.3
Insert after “spouse’s” in both places it appears — “or partner’s”.
Clause 14.1
Insert after “spouse” — “or partner”.
Clause 15B.1 (b)
Insert after “marriage” in the three places it appears — “or civil union”.
Clause 15B.3 (b)
Insert after “marries” — “or enters into a civil union”.
Clause 15B.6
Insert in paragraph (a) of the definition of partner, after “legally married to” — “or in a civil union with”.
Omit paragraph (b) of the definition of partner and substitute:
“(b) in the chief executive’s opinion, has, or as the case requires, had one of the following relationships with the applicant:
(i) in the case of a man and woman, a relationship in the nature of marriage:
(ii) in the case of 2 persons of the same sex, a de facto relationship (within the meaning of section 29A of the Interpretation Act 1999)”.
Clause 17.1
Insert after “spouse” — “or partner”.
Clause 17.1.1
Insert after “spouse” in both places it appears — “or partner”.
Clause 17.1.3 (e)
Insert after “spouse” — “or partner”.
Clause 17.3.1
Omit “an unmarried” and substitute “a single”.
Clause 17.4.1 (a)
Omit “married person” and substitute “person who is married or in a civil union”.
Clause 17.4.1 (a) (i)
Omit “unmarried” and substitute “single”.
Clause 17.4.1 (b)
Omit “an unmarried” and substitute “a single”.
Clause 17A.1.3
Insert after “spouse” — “or partner”.
Clause 17A.2.5
Insert after “spouse” — “or partner”.
Clause 18.4
Insert in the definition of cash assets, after “spouse” in both places it appears — “or partner”.
Clause 18.5
Omit the definition of income and substitute:
“income, in relation to a person who is married or in a civil union, includes the income of the person’s spouse or partner”.
Clause 18.8
Omit “married person” in the three places it appears and substitute “person who is married or in a civil union”.
Omit “an unmarried” and substitute “a single”.
Special Needs (Travel Costs for Visits to Designated Doctors) Programme (as established and approved on 9 October 1995)
Clause 6.3
Omit “unmarried” and substitute “single”.
Student Allowance Transfer Grant Programme (as established and approved on 23 July 2002 and published in the
New Zealand Gazette, 8 August 2002, No. 90, page 2435)
Clause 4 (1)
Omit the definition of dependent spouse and substitute:
“dependent spouse or partner, in relation to an applicant, means a spouse or partner of the applicant:
(a) who is not entitled to a working-age benefit in his or her own right; and
(b) whose weekly income, when combined with the applicant’s weekly income, is not more than the combined weekly income amount set out in clause 1 (1) of Schedule 2 of the regulations”.
Clause 6 (1)
Insert after “spouse” in both places it appears — “or partner”.
Clause 6 (2) (a)
Insert after “spouse” — “or partner”.
Clause 7 (1)
Insert after “spouse” — “or partner”.
Clause 7 (2)
Insert after “spouse” — “or partner”.
Work Start Grant Programme (as established and approved on 29 June 1999 and published in the New Zealand Gazette,
8 July 1999, No. 81, page 1890)
Clause 2.1
Insert in the definition of cash assets, after “spouse” — “or partner”.
Omit paragraph (a) of the definition of immediate family and substitute:
“(a) in the case of a person who is married or in a civil union, that person and his or her spouse or partner and their dependent children (if any); and”.
Clause 7.2 (a)
Insert after “spouse” — “or partner”.
Explanatory Note
This note is not part of the instrument, but is intended to indicate its general effect.
This instrument, which comes into effect on the day after its publication in the New Zealand Gazette, amends a number of Ministerial directions and welfare programmes under the Social Security Act 1964 to treat people in civil unions in the same way as people in marriages.