This instrument is made, under section 124(1)(d) of the Social Security Act 1964, by the Minister for Social Development.
1. Title—This instrument is the Instrument Amending the Special Needs Grants Programme 2016.
2. Commencement—This instrument comes into force on 1 July 2016.
3. Principal programme—This instrument amends the Special Needs Grants Programme (as established and approved on 18 December 1998¹) (“principal programme”).
4. Clause 3 amended (Interpretation)—(1) In clause 3.1, insert in its appropriate alphabetical order:
Emergency Housing means premises that are intended to be used as temporary accommodation by people who have no usual place of residence or who are unable to stay in their usual place of residence (whether also used as temporary accommodation by other people).
5. Clause 9 amended (Restriction on Payments)—In clause 9.6, replace “under clause 17” with “under clause 14A, clause 17,”.
6. Clause 14 amended (Other emergency grants)—In clause 14.1, after “or service”, insert “other than Emergency Housing”.
7. New Clause 14A inserted (People in need of Emergency Housing)—After the Part 5 heading, insert:
14A People in need of Emergency Housing
14A.1 The chief executive may make a Grant to an Applicant for the supply of Emergency Housing that the chief executive considers adequate to meet the needs of the Applicant and his or her Immediate Family (an emergency housing grant) if the chief executive considers that the Applicant has an immediate emergency housing need, and that not providing the Grant would—
a. worsen the Applicant’s position;
b. increase or create any risk to the life or welfare of the Applicant or the Applicant’s Immediate Family; or
c. cause serious hardship to the Applicant or the Applicant’s Immediate Family.
14A.2 Despite clauses 7.1 and 8.1, the chief executive may make an emergency housing grant to an Applicant whose income or cash assets exceed the appropriate limit set out in those clauses if the chief executive considers that the Applicant is in exceptional circumstances.
14A.3 An emergency housing grant must be for no more than 7 days of Emergency Housing.
14A.4 Despite clause 14A.3, the period of an emergency housing grant may be extended for one or more further periods of not more than 7 days each if the chief executive considers that the Applicant is in exceptional circumstances.
14A.5 The amount of an emergency housing grant must not exceed the actual and reasonable costs of the Emergency Housing including the amount of any bond required by the provider of the Emergency Housing whether that amount exceeds the limits in clause 9.4.
14A.6 An emergency housing grant is recoverable—
a. to the extent of the amount of any bond included in it that is not used by the Applicant for the Emergency Housing that the chief executive considered to be adequate under clause 14A.1:
b. if the chief executive considers that—
i. the Applicant has failed to make a reasonable effort in the circumstances to access other sources of assistance; or
ii. if the Grant is the second or subsequent emergency housing grant made to the Applicant within a 52-week period, the Applicant has unreasonably contributed to the existence of the immediate emergency housing need.
14A.7 In this clause, an Applicant has an immediate emergency housing need if, on the date on which the Application is made or during some or all of the following 7-day period, the Applicant—
a. cannot remain in his or her usual place of residence (if any); and
b. will not have access to other accommodation that, in the opinion of the chief executive, is adequate for the needs of the Applicant and the Applicant’s Immediate Family.
14A.8 In this clause, bond means any sum of money required by the provider of the Emergency Housing as security against any loss arising from damage or a failure by the Applicant to observe and perform the Applicant’s obligations under the agreement for the provision of the Emergency Housing, and which is intended to be refunded if no such loss occurs (or to be refunded to the extent that the amount of the bond exceeds the amount of the loss).
8. Clause 15 amended (Re-establishment costs)
Before clause 15.1 insert:
15.1A Grants for Re-establishment costs not to be used for Emergency Housing
15.1A.1 No Grant under any of clauses 15.1 to 15E may be made for or towards the costs of Emergency Housing.
Dated at Wellington this 9th day of June 2016.
ANNE TOLLEY, Minister for Social Development.
This note is not part of the instrument, but is intended to indicate its general effect.
This instrument, which comes into force on 1 July 2016, amends the Special Needs Grants Programme to include a new type of grant for emergency housing (“emergency housing grant”). The emergency housing grant will cover the actual and reasonable costs of emergency housing. It will be available to applicants who cannot remain in their usual place residence (if any), and who will not have access to other adequate accommodation. This includes applicants who do not meet the usual income and asset limits for accessing special needs grants in cases where there are exceptional circumstances. The initial grant can be for up to seven days of emergency housing. It can be extended if there are exceptional circumstances. The first emergency housing grant in a 52 week period will only be recoverable if it is not used for the intended purpose, or if the applicant is not making a reasonable effort to access alternative assistance. Second and subsequent emergency housing grants will also be recoverable if the applicant has unreasonably contributed to the existence of the need. However, any bond included in the emergency housing grant will also be recoverable.
1New Zealand Gazette, 28 January 1999, No. 8, page 202