Social Security (Childcare Assistance) Amendment Regulations (No 2) 2012

2012/206

Coat of Arms of New Zealand

Social Security (Childcare Assistance) Amendment Regulations (No 2) 2012

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 6th day of August 2012

Present:
His Excellency the Governor-General in Council

Pursuant to section 132AC 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 (Childcare Assistance) Amendment Regulations (No 2) 2012.

2 Commencement
  • These regulations come into force on 20 August 2012.

3 Principal regulations
4 Regulation 3 amended (Interpretation)
  • (1) In regulation 3(1), insert in its appropriate alphabetical order:

    approved early-childhood education programme means a programme of early-childhood education that—

    • (a) is provided by any of the following (within the meaning of section 309 of the Education Act 1989):

      • (i) a licensed early childhood service:

      • (ii) a playgroup that is a certificated playgroup under the Education (Playgroups) Regulations 2008:

      • (iii) a licence-exempt early childhood education and care centre that is continued under section 319O of the Education Act 1989 and is exempt until a date that is no later than 1 December 2014; and

    • (b) charges a uniform monetary fee for the participation of children in the programme.

    (2) In regulation 3(1), revoke the definitions of approved early-childhood care arranger, approved early-childhood education service, and approved early-childhood programme.

    (3) Replace regulation 3(2) with:

    • (2) For the purposes of the definition of approved early-childhood education programme, the provider of the programme charges a uniform monetary fee for the participation of children in the programme even if, in the case of families with 2 or more children, it charges for a second or further child a uniform fee that is less than the uniform fee charged for a first or an only child.

5 Regulation 5 amended (Hours to be calculated weekly)
  • In regulation 5, after early-childhood, insert education.

6 Regulation 5A amended (Childcare assistance not payable in respect of certain hours)
  • In regulation 5A, after early-childhood, insert education.

7 Regulation 6 amended (Assistance to be no more than hourly fee payable)
8 Regulation 9 amended (Absence of child to be notified)
  • In regulation 9, after early-childhood, insert education.

9 Regulation 10 amended (Payment of assistance during child's absence)
10 Regulation 13 amended (Childcare subsidy available only if payable under regulation 14, 16, or 17)
  • In regulation 13, after early-childhood, insert education.

11 Regulation 14 amended (Payment of childcare subsidy if principal caregiver engaged in approved activity)
  • (1) In regulation 14(1), after early-childhood, insert education in each place.

    (2) In regulation 14(3)(a), after early-childhood, insert education.

    (3) In regulation 14(4), after early-childhood, insert education in each place.

12 Regulation 16 amended (Payment of childcare subsidy if principal caregiver not engaged in approved activity but has serious disability or illness)
  • In regulation 16, after early-childhood, insert education in each place.

13 Regulation 17 amended (Payment of childcare subsidy if principal caregiver neither engaged in approved activity nor has serious disability or illness)
  • In regulation 17, after early-childhood, insert education in each place.

14 Regulation 18 amended (Rate of childcare subsidy)
15 Regulation 19 amended (Childcare subsidy usually payable to service)
  • Replace regulation 19(2)(a) with:

    • (a) the sum represents an underpayment of the amounts that should have been paid to a provider of a licensed home-based education and care service in respect of the child's participation in that service; and.

16 Regulation 28 amended (Recovery of overpayments)
17 Schedule 1 amended
  • In Schedule 1, clause 4, after early-childhood, insert education.

18 Schedule 2 amended
  • In Schedule 2, clause 4, after early-childhood, insert education.

Michael Webster,
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 20 August 2012, amend the Social Security (Childcare Assistance) Regulations 2004 (the principal regulations) by revoking the definition of approved early-childhood programme and inserting the definition of approved early-childhood education programme. That term is required to be defined by regulations by section 170(2)(c) of the Social Security Act 1964, following amendment of that Act by the Social Security (Youth Support and Work Focus) Amendment Act 2012. Subsequent references in the principal regulations to an approved early-childhood programme are amended accordingly.


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

Date of notification in Gazette: 9 August 2012.

These regulations are administered by the Ministry of Social Development.