New Zealand Legislation: Acts

61 Chief executive may grant emergency benefit in cases of hardship

• (1) The chief executive may, in the chief executive's discretion and subject to such conditions as it thinks fit to impose, grant an emergency benefit under this Act on account of hardship to any person who satisfies the following conditions, namely:

  • (a) That by reason of age, or of physical or mental disability, or of domestic circumstances, or for any other reason, he is unable to earn a sufficient livelihood for himself and his dependants (if any); and

  • (b) That he is not qualified to be granted any benefit:

  Provided that the chief executive may at any time, in the chief executive's discretion, grant an emergency benefit instead of or in substitution for an invalid's benefit, a domestic purposes benefit, a widow's benefit, an independent youth benefit, or a an unemployment benefit or a sickness benefit:

  Provided also that, where the chief executive is of the opinion that a person applying for or in receipt of an invalid's benefit, a domestic purposes benefit, a widow's benefit, an independent youth benefit, or a an unemployment benefit or a sickness benefit should undergo a course of training in any occupation, or should submit himself for examination at any medical or psychological clinic, or should receive any medical or other treatment, or should undergo any course of training for the improvement of his physical or mental capacities, or should do any work required of him, or should take more adequate steps to secure suitable employment, the chief executive may, in the chief executive's discretion, grant an emergency benefit instead of or in substitution for an invalid's benefit, a domestic purposes benefit, a widow's benefit, an independent youth benefit, or a an unemployment benefit or a sickness benefit; and in any such case the grant or continuance of the emergency benefit may be made subject to the condition that he shall comply with the requirements of the chief executive in respect of any such matters.

  (1A) Where the chief executive is considering granting an emergency benefit on the grounds of hardship under subsection (1), the chief executive must first consider whether to grant a sickness benefit under section 54A or an unemployment benefit under section 90 .

  (2) The rate of the emergency benefit shall, in each case, be in the discretion of the chief executive, but, except in any case where the beneficiary is receiving medical or other treatment, shall not exceed the rate to which the beneficiary would be entitled if he were qualified to receive such other benefit as in the opinion of the chief executive is analogous to the emergency benefit.

  (3) Every emergency benefit shall commence on such date and shall be continued for such period and subject to such conditions as the chief executive in each case determines.

  Compare: 1938 No 7 s 58; 1948 No 78 s 21

  Subsection (1) was amended, as from 6 September 1971, by section 2(1) Social Security Amendment Act 1971 (1971 No 8) by inserting the words “and subject to such conditions as it thinks fit to impose”.

  Subsection (1) was amended, as from 1 July 1998, by section 2(3) Social Security Amendment Act 1998 (1998 No 19) by substituting “this Act” for “this Part of this Act”.

  Subsection (1) was amended, as from 1 July 2001, by section 15(3)(a) Social Security Amendment Act 2001 (2001 No 1) by substituting “an unemployment benefit or a sickness benefit” for “a community wage”.

  Subsection (1)(b) was amended, as from 1 April 1991, by section 17(a) Social Security Amendment Act 1991 (1991 No 1) by omitting “other than a family benefit”.

  The first and second provisos to subsection (1) were amended, as from 1 April 1991, by section 17(b) Social Security Amendment Act 1991 (1991 No 1) by substituting “an unemployment benefit, an independent youth benefit, or a job search allowance” for “or an unemployment benefit”.

  The first and second provisos to subsection (1) were further amended, as from 1 January 1998, by section 10(1) Social Security Amendment Act (No 3) 1997 (1997 No 23) by substituting “young job seeker's allowance” for “job search allowance”.

  The first and second provisos to subsection (1) were further amended, as from 1 October 1998, by 41(1) Social Security Amendment Act 1998 (1998 No 19) by substituting “an invalid's benefit, a domestic purposes benefit, a widow's benefit, an independent youth benefit, or a community wage” for “an invalid's benefit, a sickness benefit, an unemployment benefit, an independent youth benefit, or a young job seeker's allowance”.

  Subsection (1A) was inserted, as from 1 October 1998, by 41(2) Social Security Amendment Act 1998 (1998 No 19).

  Subsection (1A) was amended, as from 1 July 2001, by section 15(7) Social Security Amendment Act 2001 (2001 No 1) by substituting “a sickness benefit under section 54A or an unemployment benefit under section 90” for “a community wage under section 89”.

  Subsection (3) was amended, as from 6 September 1971, by section 2(2) Social Security Amendment Act 1971 (1971 No 8) by inserting the words “and subject to such conditions”.

  The words “Director-General” in subsections (1) to (3) were substituted, as from 23 June 1987, for “Commission” pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).

  The words “in the Director-General's discretion” in subsection (1) were substituted, as from 23 June 1987, for “in its discretion” pursuant to section 2(3)(d) Social Security Amendment Act 1987 (1987 No 106).

  As from 1 October 1998, references to “Director-General” were replaced by references to “chief executive”, pursuant to section 11 Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).