Social Security (Temporary Additional Support) Amendment Regulations (No 2) 2009

2009/406

Crest

Social Security (Temporary Additional Support) Amendment Regulations (No 2) 2009

Anand Satyanand, Governor-General

Order in Council

At Wellington this 14th day of December 2009

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 2) 2009.

2 Commencement
  • These regulations come into force on 1 January 2010.

3 Principal regulations amended
4 Cash assets defined
  • (1) Regulation 8(3) is amended by inserting the following paragraph after paragraph (i):

    • (ia) any amount of income derived by the person from a payment of the kind referred to in paragraph (i); or.

    (2) Regulation 8(3) is amended by adding ; or and also by adding the following paragraphs:

    • (k) for the first 12 months after the payment concerned is made, any payment made to the person—

      • (i) by the trust established under the trust deed dated 4 December 1993 and known, on that date, as the EVSA Youth Development Trust, but known immediately before the commencement of this paragraph as the EVSA (Neville Wallace Memorial) Children's & Grandchildren's Trust; and

      • (ii) on or after 17 August 2007; or

    • (l) for the first 12 months after any payment of a kind referred to in paragraph (k) is made, any amount of income derived from that payment; or

    • (m) for the first 12 months after the payment concerned is made, any payment made by or on behalf of the Crown to the person because the person is a victim; or

    • (n) for the first 12 months after any payment of a kind referred to in paragraph (m) is made, any amount of income derived by the person from that payment.

5 Definitions for paragraphs (e) and (f) of regulation 8(3)
  • (1) The heading to regulation 8A is amended by omitting (e) and (f) and substituting (e), (f), and (m).

    (2) Regulation 8A is amended by adding the following subclause:

    • (5) In regulation 8(3)(m), victim has the meaning given to it by regulation 3 of the Social Security (Income and Cash Assets Exemptions—Payments to Victims of Crime) Regulations 2009.

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 1 January 2010, are made under the Social Security Act 1964. They amend the Social Security (Temporary Additional Support) Regulations 2005 by adding new regulation 8(3)(ia) and (k) to (n), which exclude certain items 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 items are—

  • any amount of income derived by the person from a payment received from the Viet Nam Veterans and Their Families Trust (new regulation 8(3)(ia)); and

  • any payment made to the person on or after 17 August 2007 by the EVSA (Neville Wallace Memorial) Children's & Grandchildren's Trust, and any income derived by the person from that payment (new regulation 8(3)(k) and (l)); and

  • any payment made by or on behalf of the Crown to the person because the person is a victim, and any income derived by the person from that payment (new regulation 8(3)(m) and (n)).

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: 17 December 2009.

These regulations are administered by the Ministry of Social Development.