Social Security (Temporary Additional Support) Amendment Regulations 2016

2016/233

Coat of Arms of New Zealand

Social Security (Temporary Additional Support) Amendment Regulations 2016

Patsy Reddy, Governor-General

Order in Council

At Wellington this 17th day of October 2016

Present:
Her Excellency the Governor-General in Council

These regulations are made under section 132AB of the Social Security Act 1964 on the advice and with the consent of the Executive Council.

Regulations

1 Title

These regulations are the Social Security (Temporary Additional Support) Amendment Regulations 2016.

2 Commencement

These regulations come into force on 31 October 2016.

3 Principal regulations

These regulations amend the Social Security (Temporary Additional Support) Regulations 2005 (the principal regulations).

4 Regulation 8 amended (Cash assets defined)

(1)

After regulation 8(3)(d), insert:

(da)

for the first 12 months after the payment concerned is made, any lump sum payment of arrears of accommodation supplement made to the person, on or after 1 November 2016, and as a result of the department correcting a specified processing error (as defined in regulation 8(4A)); or

(2)

After regulation 8(4), insert:

(4A)

For the purposes of subclause (3)(da), a specified processing error, for a person, means incorrect data relating to either or both of the type of the person’s premises and the person’s accommodation costs (within the meaning of section 61E of the Act) being entered—

(a)

into a computer system operated by or on behalf of the department; and

(b)

as a result of a system error; and

(c)

at any time in the years 1993 to 2014 (inclusive).

5 Schedule 1 amended

In Schedule 1, after clause 5, insert:

5AA

For the first 12 months after the payment concerned is made, the items referred to in clause 1 do not include—

(a)

any lump sum payment of arrears of accommodation supplement made to the person, on or after 1 November 2016, and as a result of the department correcting a specified processing error (as defined in regulation 8(4A)):

(b)

any income derived by the person from a payment referred to in paragraph (a).

Michael Webster,
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 31 October 2016, are made under the Social Security Act 1964. They amend the Social Security (Temporary Additional Support) Regulations 2005. The amendments relate to lump sum payments, made on or after 1 November 2016, of arrears of accommodation supplement. They ensure that, for the first 12 months after the payments are made to a person,—

  • the payments are excluded from the person’s cash assets:

  • the payments, and any income derived by the person from them, are excluded from the person’s chargeable income.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 20 October 2016.

These regulations are administered by the Ministry of Social Development.