Notice Type
Departmental
Notice Title

Instrument Amending Ministerial Directions and Welfare Programmes (No 2) 2012

Pursuant to sections 5 and 124(1)(d) of the Social Security Act 1964, the Minister for Social Development makes the following instrument.
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) 2012.
2. Commencement-This instrument comes into effect
on 15 October 2012.
3. Principal direction and programme-This instrument amends the Assistance to Live Organ Donors Direction (the principal direction) and the Training Incentive Allowance Programme (the principal programme).
4. Assistance to Live Organ Donors Direction amended-(1) This clause amends the Assistance to Live Organ Donors Direction1 (given on 18 January 2005).
(2) After clause D5A, insert the following clause:
"D5B Work-tested domestic purposes beneficiaries and work-tested widow’s beneficiaries: exemption from obligations-(1) This clause applies to a person:
(a) to whom this direction applies; and
(b) who is a work-tested domestic purposes beneficiary or a work-tested widow’s beneficiary; and
(c) who would, while convalescing from the operation to retrieve the tissue, not be able to fulfil the person’s work test obligations.
(2) You should, under section 105 of the Act, grant a person to whom this clause applies an exemption from the person’s work-test obligations on the ground in Regulation 6(2)(e) of the Social Security (Exemptions under Section 105) Regulations 1998.
(3) The exemption should commence on the date of
the operation to retrieve the tissue and continue for the period (not exceeding 12 weeks) in which you are satisfied the person is:
(a) convalescing from the operation; and
(b) not able to fulfil the person’s work-test obligations."
5. Training Incentive Allowance Programme amended-
(1) This clause amends the Training Incentive Allowance Programme2 (as established and approved on 30 November 1998).
(2) Revoke clause 5.2.1.
Dated at Wellington this 2nd day of October 2012.
HON PAULA BENNETT, Minister for Social Development.
Explanatory Note
This note is not part of the programme, but is intended to indicate its general effect.
This instrument, which comes into effect on 15 October 2012, amends the Ministerial direction relating to assistance to live organ donors, and the Training Incentive Allowance welfare programme.
The direction is amended so that live organ donors who
are work-tested domestic purposes beneficiaries and
work-tested widow’s beneficiaries are to be granted an exemption from their work test obligations while they are convalescing from the operation to retrieve the tissue.
The amendment to the welfare programme revokes a restriction on granting assistance that has become obsolete with the abolition of the formal requirement to develop an employment plan.
These amendments are consequential to, or are a direct result of, the changes brought into effect on 15 October 2012 by Parts 3 and 4 of the Social Security (Youth Support and Work Focus) Amendment Act 2012.
Annotation of Notes
1New Zealand Gazette, 24 February 2005, No. 41, page 1059
2New Zealand Gazette, 10 December 1998, No. 198, page 4695