Pursuant to section 124(1)(d) of the Social Security Act 1964 ("the Act"), the Minister for Social Development and Employment makes the following instrument.
Dated at Wellington this 7th day of September 2011.
HON PAULA BENNETT, Minister of Social Development and Employment.
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I n s t r u m e n t
1. Title-This instrument is the Temporary Accommodation Assistance (Canterbury Earthquake) Amendment (No. 2) 2011.
2. Commencement-This instrument comes into effect on the day after the day on which it is made.
3. Principal programme amended-This instrument amends the Temporary Accommodation Assistance (Canterbury Earthquake) Programme* (as established and approved on 16 February 2011).
4. Interpretation-The definition of settled and settlement in clause 5(1) is revoked and the following definition substituted:
"settled and settlement:
(a) in relation to an insurance claim, means payment in full and final settlement of all claims for damage to the premises from the earthquake is received by the claimant or claimants;
(b) in relation to a Government offer that has been accepted, means payment in full and final settlement of the purchase price is received by the person or persons to whom the offer was made."
5. Temporary accommodation assistance-Clause 8(2)(ab)(i) is amendedÅ:
(a) by omitting "payment of a deposit" and substituting "settlement"; and
(b) by inserting "the whole of" after "in respect of".
6. Ending of assistance-(1) Clause 11(da)Å is amended by revoking subclause (ii) and substituting the following subclause:
"(ii) the date on which settlement of that offer occurs following its acceptance in respect of the whole of the affected premises:
(iia) the later of:
(A) the date on which settlement of that offer occurs following its acceptance in respect of the land only of the affected premises; and
(B) the date on which the insurance claim for damage to the premises is settled;".
(2) Clause 11(da)(iii) is amendedÅ:
(a) by inserting "in the case of non-acceptance of that offer," before "the date"; and
(b) by omitting "applicant's or, as the case requires, the trustees' ".
Explanatory Note
This note is not part of this instrument but is intended to indicate its general effect.
This instrument, which comes into effect on the day after it is made, amends the Temporary Accommodation Assistance (Canterbury Earthquake) Programme so that temporary accommodation assistance no longer ends on the date on which the deposit is paid following acceptance of a Government offer for affected premises in the red zone. Instead, it ends on settlement of the offer, if accepted in respect of the whole of the affected premises, or on the later of the settlements of the offer and insurance claim, if the offer was accepted in respect of the land only, provided these events occur before the Government offer or the programme expires.
*New Zealand Gazette, 3 March 2011, No. 23, page 619
ÅNew Zealand Gazette, 11 August 2011, No. 123, page 3399