This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 3 July 2009, are made under the Education Act 1989. They amend the Student Allowances Regulations 1998 to remove a defect from, and so give effect to the original policy intention of, regulation 22.
Regulation 22 allows the chief executive of the department responsible for the administration of the Social Security Act 1964 (the chief executive) to approve payment to an eligible student of an allowance in respect of a further programme of study with the effect that the student receives an allowance for more than the general, 200-week maximum period of eligibility. The payment must be for a period that is, in the chief executive’s opinion, the minimum period necessary for the completion of the programme. And the allowance cannot be paid in respect of the programme unless—
the chief executive of the Ministry of Education is satisfied that it is in the national interest for the student to undertake the programme for the purposes of retraining for employment; or
the chief executive of the Ministry of Education permits payment in a particular case or class of case.
The defect is a further requirement (in regulation 22(1)), namely that the programme be one the minimum period necessary for the completion of which is, in the opinion of the chief executive of the Ministry of Education, greater than 200 weeks. New regulation 22(1) (substituted by regulation 4(2)) removes this defect, and so gives effect to the original policy intention that payment of allowances in respect of a further retraining or other permitted programme be able to be approved by the chief executive regardless of whether (and without a decision from the chief executive of the Ministry of Education that) the minimum period necessary for the completion of the programme is greater than 200 weeks.
Date of notification in Gazette: 2 July 2009.
These regulations are administered by the Ministry of Social Development.