Social Security (Temporary Additional Support) Amendment Regulations (No 2) 2006

2006/71

Social Security (Temporary Additional Support) Amendment Regulations (No 2) 2006


Note

These regulations are administered in the Ministry of Social Development.


  • Preamble

    At Wellington this 27th day of March 2006

Pursuant to section 132AB of the Social Security Act 1964, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

1 Title
2 Commencement
  • These regulations come into force on 1 April 2006.

3 Interpretation
  • Regulation 4 of the principal regulations is amended by revoking the definition of upper limit, and substituting the following definition:

    upper limit has the meaning given to it in regulation 10(3) or regulation 10A(2), whichever is applicable.

4 Prescribed amount of support: general weekly rate
  • Regulation 10(1)(a) of the principal regulations is amended by inserting, after the words upper limit, the words (see subclause (3) or regulation 10A, whichever is applicable).

5 New regulation 10A inserted
  • The principal regulations are amended by inserting, after regulation 10, the following regulation:

    10A Variation of upper limit for persons awaiting decision on refugee status, refugees, and certain applicants for residence permits
    • (1) Subclause (2) applies, instead of regulation 10(3), when calculating under regulation 10(1) the amount of temporary additional support that may be granted per week to a person who the chief executive is satisfied is—

      • (a) a person of the kind referred to in section 74A(1)(c) of the Act (a person lawfully present in New Zealand awaiting the outcome of his or her application for refugee status in New Zealand); or

      • (b) a person referred to in section 74A(1)(d) of the Act (a person who has refugee status in New Zealand); or

      • (c) a person referred to in section 74A(1)(e) of the Act (a person applying for a residence permit under the Immigration Act 1987 who is compelled to remain in New Zealand through some unforeseen circumstances).

      (2) The upper limit is the higher of—

      • (a) the appropriate maximum rate of accommodation supplement that would be applicable if section 74A(1) of the Act did not prohibit the person receiving a benefit; and

      • (b) the upper limit in regulation 10(3).

Rebecca Kitteridge,

Acting for Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 April 2006, set out a variation to the upper limit variable used in calculating the amount of temporary additional support available per week under the Social Security (Temporary Additional Support) Regulations 2005.

The variation has effect if the chief executive is satisfied that the person in relation to whom the sum of temporary additional support that is payable is being calculated—

  • is lawfully present in New Zealand awaiting the outcome of his or her application for refugee status in New Zealand; or

  • has refugee status in New Zealand; or

  • has applied for a residence permit under the Immigration Act 1987 and is compelled to remain in New Zealand through some unforeseen circumstances.

Each of those groups of persons are eligible for temporary additional support under section 74A(1) of the Social Security Act 1964.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 30 March 2006.