New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) In this section and sections 61EA, 61EB and 61EC, of, and in Schedule 18 to, this Act, unless the context otherwise requires,—
Accommodation costs, in relation to any person for any given period, means,—
(a) in relation to premises rented by the person, the total cost, excluding arrears, of the premises to the person:
(aa) [Repealed]
(b) In relation to premises that are owned by the person, the total amount of all payments (including essential repairs and maintenance, local authority rates, and house insurance premiums, but excluding any arrears) that—
(i) Subject to section 68A of this Act, are required to be made under any mortgage security for money advanced under that security to acquire the premises, or to repay advances similarly secured; or
(ii) The chief executive is satisfied are reasonably required to be made:
(c) In relation to a person who is a boarder or lodger in any premises, 62% of the amount paid for board or lodging (excluding any arrears):
Provided that, where a person is a joint tenant or owner in common of any premises with another person or other persons living in the premises, that applicant's accommodation costs shall be the share of the total accommodation costs of the premises that the chief executive is satisfied the person is paying:
Accommodation costs: paragraph (a) of this definition was substituted, and paragraph (aa) was inserted, as from 3 June 1998, by section 2 Social Security Amendment Act (No 2) 1998 (1998 No 60).
Accommodation costs: paragraph (a) of this definition was substituted, and paragraph (aa) was repealed, as from 17 November 2000, by section 7(1) Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22). See clause 2 Housing Restructuring (Income-Related Rents) Amendment Act Commencement Order 2000 (SR 2000/189).
Accommodation costs: paragraph (b)(i) of this definition was amended, as from 2 October 1994, by section 4 Social Security Amendment Act 1994 (1994 No 86) by substituting “Subject to section 68A of this Act, are”
for “Are”
with application only in respect of: (a) applications for benefits lodged as from 2 October 1994; and (b) applications for benefits lodged, but which have not been granted, before 2 October 1994. See sections 8 and 9 of that Act for the transitional and savings provisions.
Accommodation costs: paragraph (c) of this definition was amended, as from 1 July 1997, by section 2 Social Security Amendment Act 1997 (1997 No 21) by substituting “62%”
for “two-thirds”
.
Beneficiary means any person who is being paid—
(a) an unemployment benefit or a sickness benefit, a widow's benefit, a domestic purposes benefit, an invalid's benefit, an independent youth benefit, or an emergency benefit; or
(b) New Zealand superannuation or a veteran's pension:
Beneficiary: paragraph (a) was amended, as from 1 January 1998, by 9(1) Social Security Amendment Act (No 3) 1997 (1997 No 23) by substituting “young job seeker's allowance”
for “job search allowance”
. See section 9(2) of that Act as to the meaning of the term beneficiary in sections 61E and 61EA of this Act for the purposes of assessing entitlement to an accommodation supplement.
Beneficiary: paragraph (a) was substituted, as from 1 October 1998, by section 42 Social Security Amendment Act 1998 (1998 No 19).
Beneficiary: paragraph (a) was amended, as from 1 July 2001, by section 15(3)(b) Social Security Amendment Act 2001 (2001 No 1) by substituting “an unemployment benefit or a sickness benefit”
for “a community wage”
.
Beneficiary: paragraph (b) was substituted, as from 1 April 1994, by section 5 Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 (1993 No 149).
Beneficiary: paragraph (b) was amended, as from 15 April 2005, by section 4(1) Social Security (Social Assistance) Amendment Act 2005 (2005 No 30) by omitting “, a transitional retirement benefit,”
.
cash assets—
(a) means—
(i) money saved with a bank or other institution, money invested with a bank or other institution, or money banked with a bank or other institution:
(ii) money invested in securities, bonds, or debentures, or advanced on mortgage:
(iia) money withdrawn from a KiwiSaver scheme registered under the KiwiSaver Act 2006:
(iii) money invested in shares in a partnership or limited liability company or other incorporated or unincorporated body; but
(ab) does not include any contributions to, or any member's interest in, any KiwiSaver scheme that is registered under the KiwiSaver Act 2006; and
(b) does not include any specified item or amount of cash assets, or cash assets of a specified kind, that is declared not to be cash assets for the purposes of this Act by regulations made under section 132
cash assets: this definition was substituted, as from 26 September 2002, by section 12 Social Security (Personal Development And Employment) Amendment Act 2002 (2002 No 28).
cash assets: paragraph (a)(i) of this definition was substituted, as from 15 April 2005, by section 4(2) Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).
cash assets: paragraph (a)(iia) of this definition was inserted, as from 1 December 2006, by section 231 KiwiSaver Act 2006 (2006 No 40). See section 232 of that Act as to the transitional provision requiring all KiwiSaver contributions to be paid to the Commissioner in the first 3 months. See clause 2(2) KiwiSaver Act Commencement Order 2006 (SR 2006/357).
cash assets: paragraph (ab) of this definition was inserted, as from 1 December 2006, by section 231 KiwiSaver Act 2006 (2006 No 40). See section 232 of that Act as to the transitional provision requiring all KiwiSaver contributions to be paid to the Commissioner in the first 3 months. See clause 2(2) KiwiSaver Act Commencement Order 2006 (SR 2006/357).
deferred payment disposition means a contract under which a person sells or agrees to sell property or provides or agrees to provide services (whether or not possession of the property is given, or the services are provided, before all money payable under the contract has been paid) in consideration of a promise by another person to pay, or to procure the payment of, in the future and in respect of the sale or provision, a sum or sums of money exceeding in aggregate the cash price of the property or services
deferred payment disposition: this definition was substituted, as from 1 April 2005, by section 139 Credit Contracts and Consumer Finance Act 2003 (2003 No 52). See sections 141 to 143 of that Act as to the transitional provisions.
Mortgage security includes—
(a) A deferred payment disposition; and, in any such case, the balance of the purchase price required to be paid to the vendor of the premises under any such disposition shall, for the purposes of paragraph (b) of the definition of the term accommodation costs, be treated as money advanced under a mortgage security:
(b) Money secured over the person's share or shares in any flat owning company within the meaning of Part 7A of the Land Transfer Act 1952:
(c) Money payable under and secured by a deferred payment licence under the Land Act 1948:
The reference to “Part 7A of the Land Transfer Act 1952”
replaced, as from 1 July 1994, a reference to “the Companies Amendment Act 1964”
pursuant to section 3 Land Transfer Amendment Act 1993 (1993 No 124).
Non-beneficiary means a person who is not a beneficiary
Owner includes a person legally entitled to occupy the premises under—
(a) A deferred payment disposition; or
(b) A lease, where the occupier is also the lessor as owner or one of the lessors as one of the owners; or
(ba) a licence to occupy, where the premises are a residential unit in a retirement village (as those terms are defined in the Retirement Villages Act 2003); or
(c) A licence to occupy under Part 7A of the Land Transfer Act 1952; or
(d) A deferred payment licence under the Land Act 1948—
and owned has a corresponding meaning
The reference to “Part 7A of the Land Transfer Act 1952”
replaced, as from 1 July 1994, a reference to “the Companies Amendment Act 1964”
pursuant to section 3 Land Transfer Amendment Act 1993 (1993 No 124).
owner: paragraph (ba) was inserted, as from 1 July 2005, by section 4(3) Social Security (Social Assistance) Amendment Act 2005 (2005 No 30).
Premises, in relation to any person, means the place that he or she occupies as a home; and includes, in relation to a person who is a boarder or lodger, any room or other accommodation occupied as a home by that person
Tenant, in relation to any rented premises, includes a person who pays rent, whether or not he or she is a party to the tenancy agreement or lease of the premises
Weekly accommodation costs means the greater of—
(a) The total amount of a person's accommodation costs for a 12-month period divided by 52; or
(b) The amount which, at the time of application or subsequent renewal, the person is required to pay weekly for accommodation costs or may reasonably be required to set aside weekly to pay accommodation costs.
(2) While a person is not entitled to an accommodation supplement under section 80C of this Act, the accommodation costs of that person shall be considered to be the accommodation costs of that person's spouse or partner for the purposes of—
(a) This section; and
(c) Schedule 18 to this Act.
(3) Subsection (2) of this section is subject to section 61EB of this Act (which relates to joint tenants who are married or in a civil union or in a de facto relationship) and to section 80C(1A) of this Act (which relates to continuing accommodation supplement for certain benefit applicants).
Sections 61E to 61G were inserted, as from 10 October 1975, by section 10(1) Social Security Amendment Act 1975 (1975 No 123).
The words “accommodation benefit”
were substituted for “additional benefit”
, as from 14 October 1981, by section 7 Social Security Amendment Act 1981 (1981 No 46).
Paragraph (a) was amended, as from 9 February 1977, by section 14(1) Social Security Amendment Act 1976 (1976 No 40) by substituting “A”
for “An age”
.
Paragraph (aa) was inserted, as from 9 February 1977, by section 14(2) Social Security Amendment Act 1976 (1976 No 40).
Paragraph (aa) was repealed, as from 11 October 1978, by section 16(1) Social Security Amendment Act 1978 (1978 No 58).
Paragraph (aa) was inserted, as from 24 August 1979, by section 9 Social Security Amendment Act 1979 (1979 No 14).
Paragraph (e) was repealed, as from 9 February 1977, by section 14(2) Social Security Amendment Act 1976 (1976 No 40).
The words “Director-General”
were substituted for “Commission”
, as from 23 June 1987, pursuant to section 2(3)(b) Social Security Amendment Act 1987 (1987 No 106).
Sections 61E to 61F were substituted by sections 61E to 61EC, as from 1 July 1993, by section 10(1) Social Security Amendment Act (No 3) 1993 (1993 No 57).
Subsection (1) was amended, as from 17 November 2000, by section 7(1) Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22) by substituting “and 61EC”
for “61EC, 61FA, 61FB, 61FC, and 61FD”
. See clause 2 Housing Restructuring (Income-Related Rents) Amendment Act Commencement Order 2000 (SR 2000/189). See also section 7(6) Housing Restructuring (Income-Related Rents) Amendment Act 2000 (2000 No 22), which states that until the first day on or after 17 November 2000 that is the first day of a rent period, sections 61E to 61EC, 61FC, 61FD, and Schedule 18 of this Act, continue to apply to a tenant of HNZ housing as if they were still in force in relation to the tenant. See section 7(7) of that Act which states that in section 7(6), terms defined in section 42(1) of this Act have the meanings given to them by that section.
Subsections (2) and (3) were inserted, as from 1 October 1995, by section 29(1) Social Security Amendment Act 1996 (1996 No 20).
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).
Subsection (2) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by inserting “or partner”
after “spouse”
.
Subsection (3) was amended, as from 26 April 2005, by section 3 Social Security Amendment Act 2005 (2005 No 21) by substituting “joint tenants who are married or in a civil union”
for “married joint tenants”
.
Subsection (3) was amended, as from 1 April 2007, by section 5 Social Security Amendment Act 2005 (2005 No 21) by inserting “or in a de facto relationship”
after “union”
.