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

2008/350

Crest

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

Anand Satyanand, Governor-General

Order in Council

At Wellington this 29th day of September 2008

Present:
His Excellency the Governor-General in Council

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 Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 2 October 2008.

These regulations are administered by the Ministry of Social Development.