New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) Subject to the provisions of this Act, the chief executive may grant to an applicant, from such date and for such period as the chief executive determines, an accommodation supplement to assist in meeting the applicant's accommodation costs.
(2) No person is eligible for an accommodation supplement whose accommodation costs include—
(a) payments, required to be made under a mortgage security to the Housing Corporation of New Zealand or the Crown in right of the Ministry of Maori Development, that in the chief executive's opinion are required to be made at a concessionary rate; or
(b) rent paid in respect of premises (whether owned by the Crown, the company, or any other person) let by or on behalf of the company for occupation by any person as a place of residence.
(2A) In subsection (2), company has the same meaning as in the Housing Restructuring and Tenancy Matters Act 1992.
(3) Notwithstanding anything to the contrary in this Act, a beneficiary being paid New Zealand superannuation or a veteran's pension shall not be entitled to be paid an accommodation supplement under this section unless the income of that beneficiary or the combined income of that beneficiary and his or her spouse or partner, as the case may be, is less than the appropriate amount in Part 2 of Schedule 31.
(4) No person shall be granted an accommodation supplement if that person—
(a) Is receiving a basic grant or an independent circumstances grant under the Student Allowances Regulations 1991; or
(b) Would be eligible to receive a basic grant or an independent circumstances grant under the Student Allowances Regulations 1998, but for the level of that person's income or the level of the income of that person's parent or parents; or
(c) is a resident assessed as requiring care (as defined in section 136) in respect of whom a funder (as defined in that section) is paying some or all of the cost of contracted care services (as defined in that section) under section 141 or section 142; or
(d) Is the spouse or partner of a person who is already receiving an accommodation supplement under this section, except as provided in section 61EB of this Act; or
(e) Has a psychiatric, intellectual, physical, or sensory disability, and—
(i) his or her accommodation costs are wholly or partly funded under the New Zealand Public Health and Disability Act 2000; or
(ii) his or her care (other than care in his or her own home) is funded wholly or partly under the New Zealand Public Health and Disability Act 2000.
Sections 61E to 61G were inserted, as from 10 October 1975, by section 10(1) Social Security Amendment Act 1975 (1975 No 123).
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).
Section 61EA was amended, as from 15 November 2000, by section 3(3) Social Security
Amendment Act 2000 (2000 No 81) by substituting “funder”
wherever the word “purchaser”
appears.
Section 61EA was amended, as from 15 November 2000, by section 3(4) Social Security
Amendment Act 2000 (2000 No 81) by substituting “funded”
wherever the word “purchased”
appears.
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 (2) was substituted, and subsection (2A) was inserted, 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).
Subsection (2A) was amended, as from 1 July 2006, by section 5(2)(h) Housing Restructuring
and Tenancy Matters (Information Matching) Amendment Act 2006 (2006 No 34) by inserting the words “and Tenancy Matters”
after the word “Restructuring”
.
Subsection (3) was amended, as from 1 April 2005, by section 9(a) Social Security
(Working for Families) Amendment Act 2004 (2004 No
51) by substituting “unless”
for “if”
. See sections 23 to 25 of that Act as to
the transitional provisions.
Subsection (3) was amended, as from 1 April 2005, by section 9(b) Social Security
(Working for Families) Amendment Act 2004 (2004 No
51) by substituting “is less than the
appropriate amount in Part 2 of Schedule
31”
for “is such as would prevent payment
of an invalid's benefit under this Act”
. See sections 23 to 25 of that Act as to
the transitional provisions.
Subsection (3) was amended, as from 15 April 2005, by section 5 Social Security
(Social Assistance) Amendment Act 2005 (2005 No 30) by inserting the words “or a veteran's pension”
after the word “superannuation”
.
Subsection (3) was amended, as from 26 April 2005, by section 3 Social Security
Amendment Act 2005 (2005 No 21) by inserting the words “or partner”
after the
word “spouse”
.
Subsection (4)(b) was amended, as from October
1998, by regulation 49 Student Allowances
Regulations 1998 by substituting
a reference to the “Student Allowance
Regulations 1998”
for a reference to the “Student Allowance Regulations 1991”
.
Subsection (4)(c) was amended, as from 15 November 2000, by section 3(3) and (4) Social Security
Amendment Act 2000 (2000 No 81) by substituting “funder”
and “funded”
for “purchaser”
and “purchased”
, respectively.
Subsection (4)(c) was amended, as from 1 January 2001, by section 111(1) New Zealand Public
Health and Disability Act 2000 (2000 No 91) by substituting “funded under the New Zealand Public Health and Disability Act 2000”
for “purchased by or with the assistance of a purchaser”
.
Subsection (4)(c) was substituted, as from 1 July 2005, by section 4(1) Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101). See sections 7 to 11 of that Act for the transitional provisions.
Subsection (4)(d) was amended, as from 1 July 1995, by section 14(1)(a) Social Security
Amendment Act (No 4) 1997 (1997 No 63) by inserting the word “; or”
.
Subsection (4)(d) was amended, as from 26 April 2005, by section 3 Social Security
Amendment Act 2005 (2005 No 21) by inserting the words “or partner”
after the
word “spouse”
.
Subsection (4)(e) was inserted, as from 1 July 1995, by section 14(1)(b) Social Security Amendment Act (No 4) 1997 (1997 No 63).
Subsection (4)(e)(i) and (ii) were substituted, as from 1 January 2001, by section 111(1) New Zealand Public Health and Disability Act 2000 (2000 No 91).
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).