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) 2013.
2. Commencement-This instrument comes into force
on 15 July 2013.
3. Principal directions and welfare programmes amended-This instrument amends the directions and welfare programmes specified in Schedules 1 and 2
("the principal directions and welfare programmes").
4. Social Security (Benefit Categories and Work Focus) Amendment Act 2013: consequential amendments-Amend the principal directions and welfare programmes
in the manner set out in Schedule 1.
5. Savings provisions-Amend the principal directions and welfare programmes in the manner set out in Schedule 2.
Schedule 1
Clause 4
Consequential amendments to directions and welfare programmes
Assistance to Live Organ Donors Programme and Ministerial Direction (as established and approved, and given on 18 January 2005)1
Clause P6(2)(a)
In clause P6(2)(a), replace "domestic purposes benefit under section 27G" with "supported living payment under section 40D".
Clause P6(2)(b)
In clause P6(2)(b), replace "the domestic purposes benefit" with "that supported living payment".
Clause P7(1)(a)
In clause P7(1)(a), replace "a sickness benefit" with "jobseeker support".
In clause P7(1)(a), replace "Ninth Schedule" with
"Schedule 9".
Clause P7(3)(a)
In clause P7(3)(a), replace "domestic purposes benefit set out in the Seventeenth Schedule" with "supported living payment under section 40D set out in Schedule 6".
Clause P8(1)
In clause P8(1), replace "domestic purposes benefit
under section 27G" with "supported living payment under section 40D".
Clause D5B
In the clause DB5 heading, replace "domestic purposes beneficiaries and work-tested widow's beneficiaries" with "sole parent support beneficiaries".
Clause D5B(1)(b)
In clause D5B(1)(b), replace "domestic purposes beneficiary or a work-tested widow's beneficiary" with "sole parent support beneficiary".
Clause D5B(2)
In clause D5B(2), replace "6(2)(e)" with "7(2)(aac)".
Clause D6(1)(b)
In clause D6(1)(b), replace "an unemployment benefit or a domestic purposes benefit under section 27G" with "jobseeker support or a supported living payment under section 40D".
Clause D6(2)
In clause D6(2), replace "the unemployment benefit or domestic purposes benefit" with "jobseeker support
or supported living payment".
Clause D7
In clause D7(1), replace "unemployment benefit" with "jobseeker support".
In clause D7(2), replace "domestic purposes benefit under section 27G" with "supported living payment under section 40D".
In clause D7(2), replace "a sickness benefit" with "jobseeker support".
Away from Home Allowance Programme (as established and approved on 19 January 1998)2
Clause 5.1.1
In clause 5.1.1, replace "1991" with "1998".
Clause 7.2.1
In clause 7.2.1, replace "an unemployment benefit" with "jobseeker support".
Course Participation Assistance Programme (as established and approved on 6 December 2006)3
Clause 4(1)
In clause 4(1), definition of service plan, paragraph
(d), replace "(a), (b), or (c)" with "(a) or (b)".
Clause 6
In clause 6, replace paragraphs (a) to (g) with:
"(a) a main benefit under this Act (as defined in section 3(1) of the Act):"
Direction in relation to Emergency Benefit and Benefits on Ground of Hardship (given on 6 October 1998)4
Preliminary clauses
In the clause beginning "This Direction applies":
(a) replace paragraph (b) with:
"(b) jobseeker support under section 88B pursuant to section 88C of the Act";
(b) replace "an unemployment benefit or a sickness benefit" with "jobseeker support".
In the clause beginning "Without limiting", replace "90 or section 54A" with "88C".
Clause 8(b)(ii)
In clause 8(b)(ii), replace "an invalid's benefit" with
"a supported living payment under section 40B of the Act".
Clause 9(b)
In clause 9(b), replace "an unemployment benefit, sickness benefit, emergency benefit, invalid's benefit, or domestic purposes benefit under section 27G, of the Act" with "jobseeker support, emergency benefit, or a supported living payment under the Act".
Clause 10(a)
In clause 10(a), replace "unemployment benefit or sickness benefit" with "jobseeker support".
Clause 10(c)
In clause 10(c), replace "unemployment benefit or sickness benefit" with "jobseeker support".
Clause 11
In clause 11, replace "an unemployment benefit or sickness benefit" with "jobseeker support".
Direction in relation to Special Benefit (given on
10 February 1999)5
Clause 2.1
In clause 2.1, definition of beneficiary, replace paragraph (a) with:
"(a) a main benefit under this Act; or".
In clause 2.1, insert in its appropriate alphabetical order:
"main benefit under this Act has the meaning in section 3(1) of the Act".
In clause 2.1, definition of standard costs, paragraph (b), replace "an unemployment benefit" with "jobseeker support".
Clause 3.1
In clause 3.1, Example:
(a) replace "unemployment beneficiary" with "jobseeker support beneficiary";
(b) replace "Unemployment Benefit" with "jobseeker support"; and
(c) replace "Family Support" with "Family Tax Credit".
Schedule
In the Schedule, clause 1, replace "an unemployment benefit or a sickness benefit" with "jobseeker support".
In the Schedule, clause 4, replace "an invalid's benefit" with "a supported living payment under section 40B of the Act".
In the Schedule, replace clause 5 with:
"5 For a person who was transferred to jobseeker support from a widow's benefit or a domestic purposes benefit for women alone on 15 July 2013 by clause 2(11) or (12) or clause 10(8) of Schedule 32 of the Act and who continues to receive jobseeker support $129.82"
In the Schedule, clause 6, replace "domestic purposes benefit under section 27G of the Act (care of sick or infirm)" with "supported living payment under section
40D of the Act (caring for a patient requiring care)".
In the Schedule, clause 9, replace "an unemployment benefit or a sickness benefit" with "jobseeker support".
In the Schedule, clause 10, replace "an invalid's benefit" with "a supported living payment under section 40B of the Act".
In the Schedule, clause 13, replace "domestic purposes benefit under section 27G of the Act (care of sick or infirm) where the other is receiving an unemployment benefit or a sickness benefit" with "supported living payment under section 40D of the Act (caring for a patient requiring care) where the other is receiving jobseeker support".
In the Schedule, clause 15, replace "domestic purposes benefit under section 27G of the Act (care of sick or infirm) where the other is receiving an invalid's benefit" with "supported living payment under section 40D of the Act (caring for a patient requiring care) where the other is receiving a supported living payment under section 40B of the Act".
In the Schedule, clause 16, second column, replace paragraph (a) with:
"(a) the main benefits under this Act payable to the person and his or her spouse or partner; and"
In the Schedule, clause 16, second column, paragraph (b), replace "family support credit of tax payable under the Income Tax Act 2004" with "family tax credit payable under the Income Tax Act 2007".
In the Schedule, clause 17, replace "the unemployment benefit" with "jobseeker support".
Direction on Advance Payments of Benefits (given on
25 May 1999)6
Clause 7.2.1(a)
In clause 7.2.1(a)-
(a) delete "the Beneficiary's job seeker agreement or"; and
(b) delete "job seeker development activity,".
Clause 7.2.5
Clause 7.2.5: revoke.
Employment Transition Programme (as established and approved on 23 June 2005)7
Clause 3
In clause 3, replace "an invalid's benefit" with "a supported living payment under section 40B of the Act".
Clause 4(1)
In clause 4(1), definition of employment trial:
(a) replace "an invalid's beneficiary" with "a supported living payment beneficiary"; and
(b) replace "44A(2)" with "40K(2)".
In clause 4(1), definition of net specified income, paragraph (b), replace subparagraph (i) with:
"(i) any main benefit under this Act (as defined in section 3(1) of the Act); or".
Clause 6(1)(a)
In clause 6(1)(a), replace "invalid's benefit" with "supported living payment under section 40B of the Act".
Clause 6(2)(b)
In clause 6(2)(b), replace "an invalid's benefit" with
"a supported living payment under section 40B of the Act".
Clause 7(3)
In clause 7(3), definition of c, replace "an invalid's benefit" with "a supported living payment under section 40B of the Act".
Clause 8(2)(a)
In clause 8(2)(a), replace "an invalid's benefit under the Act" with "a supported living payment under section 40B of the Act".
Clause 8(2)(c)
In clause 8(2)(c), replace "an invalid's benefit" with
"a supported living payment under section 40B of the Act".
Clause 8(4)
In clause 8(4), replace "an invalid's benefit" with
"a supported living payment under section 40B of the Act".
New Employment Transition Grant Programme
(as established and approved on 9 December 1998)8
Clause 2.1
In clause 2.1, definition of eligible parent, paragraph (a)(ii), replace "Ninth Schedule" with "Schedule 9".
In clause 2.1, definition of eligible parent, paragraph (a)(ii), delete "or section 60HA of the Act".
Recoverable Assistance Programme (as established and approved on 15 February 1999)9
Clause 3.1
In clause 3.1, definition of applicable payment, paragraph (b), replace "Needs Grant" with "Needs Grants".
In clause 3.1, definition of invalid's benefit: revoke.
In clause 3.1, insert in its appropriate alphabetical order:
"supported living payment means a supported living payment under section 40B of the Act".
Clause 9.2(a)
In clause 9.2(a), replace "an invalid's benefit" with
"a supported living payment".
Seasonal Work Assistance Programme (as established and approved on 7 July 2002)10
Clause 4(1)
In clause 4(1), replace the definition of working-age benefit, with:
"working-age benefit means a main benefit under this Act (as defined in section 3(1) of the Act) other than an emergency benefit payable pursuant to section 17(2)(c) of the New Zealand Superannuation and Retirement Income Act 2001".
Sole Parent Study Assistance Programme (as established and approved on 16 December 2010)11
Clause 3(a)
In clause 3(a), replace "the domestic purposes benefit for solo parents" with "sole parent support".
In clause 3(a), after "young parent payment", insert
"under section 165 of the Act".
Clause 6(1)(a)
In clause 6(1)(a), replace "a domestic purposes benefit under section 27B" with "sole parent support under section 20D".
Special Needs Grants Programme (as established and approved on 18 December 1998)12
Clause 9.5(a)
Replace clause 9.5(a) with:
"(a) to a beneficiary in receipt of a main benefit under this Act (as defined in section 3(1) of the Act), New Zealand superannuation, a veteran's pension or to the spouse or partner or dependent child of any such beneficiary; or".
Clause 9 definitions
In the definitions under clause 9, delete "transitional retirement benefit,".
Clause 11.4.8.1
In clause 11.4.8.1, definition of benefit, replace
"an unemployment benefit granted under section 90(2) or (3)" with "jobseeker support granted under 88C(2) or (3), not being jobseeker support on the ground of sickness, injury, or disability".
Clause 15B.4
In clause 15B.4, replace "an unemployment benefit or a sickness benefit" with "jobseeker support".
In clause 15B.4, replace "Ninth Schedule" with "Schedule 9".
Clause 15C.7
In clause 15C.7, replace "Schedule 16" with "Schedule 3A".
Clause 16A.2
In clause 16A.2(a)(ii), delete "(not being an excluded payment)".
Clause 16A.5
In clause 16A.5, definition of excluded payment: revoke.
In clause 16A.5, definition of specified benefit, paragraph (a), replace "a domestic purposes benefit" with "sole parent support".
In clause 16A.5, definition of specified benefit, paragraph (c), replace "an invalid's benefit" with "a supported living payment under section 40B of the Act".
In clause 16A.5, definition of specified benefit, paragraph (f): revoke.
Clause 17.1 heading
Replace the heading to clause 17.1 with:
"17.1 Grants during stand downs, strikes, application process, or pre-benefit activities".
Clause 17.1.1
In clause 17.1.1, paragraph (ab): revoke.
Clause 17.1.1(b)
In clause 17.1.1(b), replace "91(1)(b)" with "88D(b)".
New clause 17.1.1A
After clause 17.1.1, insert:
"17.1.1A The chief executive may make a recoverable grant to an applicant who has been required under section 11D(2)(b) of the Act to provide any supporting evidence or has been required under section 11E(2) of the Act to undertake 1 or more stated pre-benefit activities at any time,-
"(a) in the case of a requirement under section 11D(2)(b) of the Act, before the applicant's application for a benefit lapses under section 11D(8) of the Act; or
"(b) in the case of a requirement under section 11E(2) of the Act, before the application for benefit lapses under section 11G(4) of the Act but only if section 11G(6) or 11H(2) of the Act does not apply to the applicant."
Clause 17.1.3
In clause 17.1.3, after "17.1.1", insert "or 17.1.1A".
Clause 17.1.4
In clause 17.1.4, after "17.1.1", insert "or 17.1.1A".
In clause 17.1.4, replace "99(4)" with "88M(3)".
Clause 17.2.1(a)(ii)
In clause 17.2.1(a)(ii), replace "96A" with "11E".
Clause 17.2.1(a)(ii)(B)
In clause 17.2.1(a)(ii)(B), replace "96A(9)" with "11G(6)".
Clause 17.3.1(b)(ii)
In clause 17.3.1(b)(ii), replace "96A" with "11E".
Clause 17.3.1(b)(ii)(B)
In clause 17.3.1(b)(ii)(B), replace "96A(9)" with "11G(6)".
Clause 17.3.1(d)
In clause 17.3.1(d), replace "a widow's benefit, a domestic purposes benefit, or an unemployment benefit or a sickness benefit" with "sole parent support, or jobseeker support".
Clause 17.4.1(a)
In clause 17.4.1(a), replace "an unemployment benefit or
a sickness benefit" with "jobseeker support".
Clause 17.4.1(b)
In clause 17.4.1(b), replace "an unemployment benefit or
a sickness benefit" with "jobseeker support".
Clause 17.5.2(a)
In clause 17.5.2(a), replace "Ninth Schedule" with "Schedule 9".
In clause 17.5.2(a), replace "an unemployment benefit or
a sickness benefit" with "jobseeker support".
Clause 18.8
In clause 18.8, replace "unemployment benefit or sickness benefit" with "jobseeker support" in each place.
Special Needs (Travel Costs for Visits to Designated Doctors) Programme (as established and approved on
9 October 1995)
Clause 3.1
In clause 3.1, definition of "applicant", paragraph (a), replace "an invalid's benefit or a sickness benefit" with
"a supported living payment under section 40B of the Act
or jobseeker support on the ground of sickness, injury, or disability".
In clause 3.1, definition of "applicant", paragraph (b), replace "an invalid's benefit or a sickness benefit" with
"a supported living payment under section 40B of the Act
or jobseeker support on the ground of sickness, injury, or disability".
In clause 3.1, definition of "beneficiary", replace
"an invalid's benefit or a sickness benefit" with "a supported living payment under section 40B of the Act or jobseeker support on the ground of sickness, injury, or disability".
In clause 3.1, definition of "designated medical practitioner", replace "invalid's or sickness benefit" with
"a supported living payment under section 40B of the Act
or jobseeker support on the ground of sickness, injury, or disability".
In clause 3.1, definition of health agency, replace "Purchaser [see Note 1 below]" with "funder,".
In clause 3.1, delete the note.
Student Allowance Transfer Grant Programme
(as established and approved on 23 July 2002)13
Clause 4(1)
In clause 4(1), replace the definition of working-age benefit, with:
"working-age benefit means a main benefit under this Act (as defined in section 3(1) of the Act) other than an emergency benefit payable pursuant to section 17(2)(c) of the New Zealand Superannuation and Retirement Income Act 2001".
Training Incentive Allowance Programme (as established and approved on 30 November 1998)14
Clause 2.1
In clause 2.1, definition of training costs, paragraph (b), replace "invalid's beneficiary" with "beneficiary receiving
a supported living payment under section 40B".
Clause 5.1.1(a)(i)
In clause 5.1.1(a)(i), replace "A domestic purposes benefit, an invalid's benefit, or a widow's benefit" with "sole parent support, a supported living payment".
Clause 5A
Clause 5A: revoke.
Transition to Work Grant Programme (as established and approved on 23 January 2007)15
Clause 4(1)
In clause 4(1), definition of working age benefit, replace paragraphs (a) to (g) with:
"(a) a main benefit under this Act (as defined in section 3(1) of the Act) other than an emergency
benefit payable pursuant to section 17(2)(c) of
the New Zealand Superannuation and Retirement Income Act 2001;".
Schedule 2
Clause 5
Savings provisions
Employment Transition Programme (as established and approved on 23 June 2005)16
New clause 9A
After clause 9, insert:
"9A Savings in respect of invalids' benefits
In this programme,-
"(a) a reference to a supported living payment under section 40B of the Act includes a reference to an invalid's benefit granted before 15 July 2013 under section 40 of the Act (as it was before its renumbering and amendment by section 16(1) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013); and
"(b) a reference to an employment trial under section 40K of the Act includes reference to an employment trial commenced before that date under section 44A of the Act before its repeal on that date by section 20 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013."
Sole Parent Study Assistance Programme (as established and approved on 16 December 2010)17
New clause 6A
After clause 6, insert:
"6A Savings in respect of certain transferees to jobseeker support
"Despite clause 6(1)(a), the chief executive may, in
his or her discretion, from time to time grant recoverable assistance under clause 6(1) in respect of a course to any applicant-
"(a) who was transferred to jobseeker support on 15 July 2013 under clause 2(11) of Schedule 32 of the Act or who is a sole parent to whom clause 12(2) of Schedule 32 of the Act applies, and continues to receive it; and
"(b) to whom clause 12(4) of Schedule 32 of the Act for the time being applies; and
"(c) who-
"(i) was eligible for and receiving assistance under this programme at the close of
14 July 2013; or
"(ii) would have been eligible for assistance under this programme at the close of
14 July 2013, but had not applied for it."
Training Incentive Allowance Programme (as established and approved on 30 November 1998)18
New clause 5B
After clause 5A, insert:
"5B Savings in respect of certain transferees to jobseeker support
"(1) Despite clause 5.1.1(a)(i), the chief executive may, for the appropriate period specified in subclause (2), grant, or continue to grant, an allowance under clause 5.1.1 in respect of a course to any applicant receiving jobseeker support,-
"(a) who was transferred to jobseeker support from a domestic purposes benefit, an invalid's benefit, or a widow's benefit, or a young parent payment under section 165 of the Act, or the emergency benefit known
as the emergency maintenance allowance-
"(i) on 15 July 2013 by clause 2(11) or 10(6) of Schedule 32 of the Act; or
"(ii) at any time after 15 July 2013 either directly or via 1 or more other benefits under section 20H or 81(3) of the Act; and
"(b) if the course is-
"(i) a full-time course within the meaning of the Student Allowances Regulations 1998, to whom clause 12(4) of Schedule 32 of the Act for the time being applies; or
"(ii) not a full-time course within the meaning of the Student Allowances Regulations 1998, whose study in the course does not, in the chief executive's opinion, prevent the applicant meeting his or her work-test obligations and is
a course in which the applicant was studying immediately before 15 July 2013; and
"(c) who-
"(i) was eligible for and receiving an allowance at the close of 14 July 2013; or
"(ii) would have been eligible for an allowance at the close of 14 July 2013, but had not applied for it.
"(2) The period referred to in subclause (1) is-
"(a) for an applicant to whom subclause (1)(b)(i) applies, the period referred to in clause 12(5) of Schedule 32 of the Act:
"(b) for an applicant to whom subclause (1)(b)(ii) applies, a period ending on the date the course referred to in that subparagraph ends in the year."
Dated at Wellington this 24th day of June 2013.
HON PAULA BENNETT, Minister for Social Development.
Explanatory Note
This note is not part of the instrument, but is intended to indicate its general effect.
This instrument, which comes into force on 15 July 2013, amends a number of Ministerial directions and welfare programmes under the Social Security Act 1964 ("the Act").
Clause 4 and Schedule 1 primarily updates references to benefits and sections under which those benefits are granted with references to the replacement benefits and sections enacted in the Social Security (Benefit Categories and Work Focus) Amendment Act 2013. A number of references to specific benefits are replaced with references to the new definition of the term main benefit under this Act inserted into section 3(1) of the Act.
Clause 5 and Schedule 2 creates savings provisions for certain beneficiaries who on 15 July 2013 transfer to jobseeker support or supported living payment under section 40B of the Act from certain former benefits.
1New Zealand Gazette, 3 February 2005, No. 32, page 774
2New Zealand Gazette, 29 January 1998, No. 14, page 349
3New Zealand Gazette, 21 December 2006, No. 174, page 5102
4New Zealand Gazette, 15 October 1998, No. 172, page 4120
5New Zealand Gazette, 16 December 1999, No. 193, page 4599
6New Zealand Gazette, 24 June 1999, No. 75, page 1687
7New Zealand Gazette, 30 June 2005, No. 100, page 2383
8New Zealand Gazette, 17 December 1998, No. 200, page 4769
9New Zealand Gazette, 25 February 1999, No. 23, page 567
10New Zealand Gazette, 11 July 2002, No. 98, page 2079
11New Zealand Gazette, 23 December 2010, No. 179, page 4457
12New Zealand Gazette, 28 January 1999, No. 8, page 202
13New Zealand Gazette, 1 August 2002, No. 90, page 2435
14New Zealand Gazette, 10 December 1998, No. 202, page 4965
15New Zealand Gazette, 1 February 2007, No. 10, page 215
16New Zealand Gazette, 30 June 2005, No. 100, page 2383
17New Zealand Gazette, 23 December 2010, No. 179, page 4457
18New Zealand Gazette, 10 December 1998, No. 202, page 4965