Social Security (Temporary Additional Support) Amendment Regulations (No 3) 2008

  • revoked
  • Social Security (Temporary Additional Support) Amendment Regulations (No 3) 2008: revoked, on 26 November 2018, pursuant to regulation 295(22) of the Social Security Regulations 2018 (LI 2018/202).

Reprint as at 26 November 2018

Coat of Arms of New Zealand

Social Security (Temporary Additional Support) Amendment Regulations (No 3) 2008

(SR 2008/350)

Social Security (Temporary Additional Support) Amendment Regulations (No 3) 2008: revoked, on 26 November 2018, pursuant to regulation 295(22) of the Social Security Regulations 2018 (LI 2018/202).

Anand Satyanand, Governor-General

Order in Council

At Wellington this 29th day of September 2008

Present:
His Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry of Social Development.

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

Regulations

1 Title

These regulations are the Social Security (Temporary Additional Support) Amendment Regulations (No 3) 2008.

2 Commencement

These regulations come into force on 3 November 2008.

3 Principal regulations amended
4 Cash assets defined

Regulation 8(3) is amended by adding to paragraph (h) “; or” and also by adding the following paragraphs:

(i)

for the first 12 months after the payment concerned is made, any payment made to the person by the trust established under trust deed dated 16 August 2007 and known, on that date, as the Viet Nam Veterans and Their Families Trust, other than a payment of the kind referred to in any of paragraphs (a) to (d) of clause 14.2 of that trust deed; or

(j)

for the first 12 months after the payment concerned is made, any compensation or ex gratia payment of the kind described in regulation 6(2) of the Social Security (Income and Cash Assets Exemptions: Ex Gratia and Compensation Payments Made by the Crown) Regulations 2008.

Rebecca Kitteridge,
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 3 November 2008, are made under the Social Security Act 1964. They amend the Social Security (Temporary Additional Support) Regulations by adding new regulation 8(3)(i) and (j), which exclude certain payments from a person’s cash assets. (A person’s cash assets are considered when determining his or her eligibility for temporary additional support.) The new excluded payments are—

  • payments made to the person by the Viet Nam Veterans and Their Families Trust (other than payments made by the trust under clause 14.2(a) to (d) of the trust deed, which relate to trustees’ annual fees, trustees’ costs and expenses, and payments for services rendered to the trust); and

  • compensation or ex gratia payments of the kind described in regulation 6(2) of the Social Security (Income and Cash Assets Exemptions: Ex Gratia and Compensation Payments Made by the Crown) Regulations 2008. That regulation exempts compensation and ex gratia payments made to a person by the Crown in recognition of harm, or in respect of a claim of harm. (Harm is defined as meaning illness, injury, or both, and as including physical harm, mental harm, humiliation, and injury to feelings, but does not include economic loss, loss of property, loss of an expected benefit, or loss of employment.)

The exemptions apply only in respect of the first 12 months after the payment is made.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 2 October 2008.

Reprints notes
1 General

This is a reprint of the Social Security (Temporary Additional Support) Amendment Regulations (No 3) 2008 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Social Security Regulations 2018 (LI 2018/202): regulation 295(22)