Public and Community Housing Management (Prescribed Elements of Calculation Mechanism) Regulations 2018

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Reprint as at 1 October 2019

Coat of Arms of New Zealand

Public and Community Housing Management (Prescribed Elements of Calculation Mechanism) Regulations 2018

(LI 2018/173)

Regulations name: replaced, on 1 October 2019, by section 34(4) of the Kāinga Ora–Homes and Communities Act 2019 (2019 No 50).

Patsy Reddy, Governor-General

Order in Council

At Wellington this 24th day of September 2018

Present:
Her Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry of Social Development.

These regulations are made under section 114 of the Housing Restructuring and Tenancy Matters Act 1992 on the advice and with the consent of the Executive Council.

Regulations

1 Title

These regulations are the Public and Community Housing Management (Prescribed Elements of Calculation Mechanism) Regulations 2018.

Regulation 1: replaced, on 1 October 2019, by section 34(4) of the Kāinga Ora–Homes and Communities Act 2019 (2019 No 50).

2 Commencement

These regulations come into force on 1 October 2018.

3 Interpretation

(1)

In these regulations, unless the context otherwise requires,—

cash assets has the same meaning as in section 68(2) of the Social Security Act 2018

Crown means all or any of the following:

(a)

the Sovereign in right of New Zealand:

(b)

all Ministers of the Crown, and all departments of the Public Service specified in Schedule 1 of the State Sector Act 1988:

(c)

Crown entities as defined in section 7(1) of the Crown Entities Act 2004 (for example, DHBs):

(d)

every other instrument of the Crown in respect of the Government of New Zealand, whether the instrument is or was an agency, corporation, department, division, enterprise, service, or otherwise (for example, every predecessor in title of a DHB)

dependent child,—

(a)

in regulation 9, has the same meaning as in section YA 1 of the Income Tax Act 2007; and

(b)

in any other provision of these regulations, has the same meaning as in Schedule 2 of the Social Security Act 2018

DHB has the same meaning as in section 6(1) of the New Zealand Public Health and Disability Act 2000

disability support services has the same meaning as in section 6(1) of the New Zealand Public Health and Disability Act 2000

income-tested benefit has the same meaning as in Schedule 2 of the Social Security Act 2018

predecessor in title, in relation to a DHB, has the same meaning as in section 2(1) of the Health Sector (Transfers) Act 1993

section means a section of the Act.

(2)

A term or expression defined in the Act and used, but not defined, in these regulations has the same meaning as in the Act.

Regulation 3(1) Act: amended, on 1 October 2019, by section 33 of the Kāinga Ora–Homes and Communities Act 2019 (2019 No 50).

Regulation 3(1) cash assets: amended, on 30 November 2018, by regulation 4(1) of the Housing Restructuring and Tenancy Matters (Prescribed Elements of Calculation Mechanism) Amendment Regulations 2018 (LI 2018/237).

Regulation 3(1) dependent child paragraph (b): amended, on 30 November 2018, by regulation 4(2) of the Housing Restructuring and Tenancy Matters (Prescribed Elements of Calculation Mechanism) Amendment Regulations 2018 (LI 2018/237).

Regulation 3(1) income-tested benefit: amended, on 30 November 2018, by regulation 4(3) of the Housing Restructuring and Tenancy Matters (Prescribed Elements of Calculation Mechanism) Amendment Regulations 2018 (LI 2018/237).

4 Transitional, savings, and related provisions

The transitional, savings, and related provisions (if any) set out in the Schedule have effect according to their terms.

Prescribed proportions, thresholds, and amounts

5 Proportion of income up to threshold

For the purpose of section 107(2)(a), the proportion of 25% is prescribed.

6 Thresholds

For the purposes of section 107(2)(a) and (b), the following thresholds are prescribed:

(a)

for a sole tenant who has no spouse or partner and no dependent children, the rate stated in clause 1(a) of Schedule 1 of the New Zealand Superannuation and Retirement Income Act 2001, after deduction of standard tax; and

(b)

in every other case, the rate stated in clause 1(c) of Schedule 1 of the New Zealand Superannuation and Retirement Income Act 2001, after deduction of standard tax and multiplied by 2.

7 Proportion of income above threshold

For the purpose of section 107(2)(b), the proportion of 50% is prescribed.

8 Proportion of family tax credit

For the purposes of sections 107(2)(c) and 107(3)(b), the proportion of 25% is prescribed.

9 Prescribed amount of family tax credit

For the purposes of sections 107(2)(c)(ii) and 107(3)(b)(ii), the maximum rate of family tax credit payable under subparts MA to MF and MZ of the Income Tax Act 2007 in respect of an eldest dependent child who is under 16 years is prescribed.

10 Proportion of benefit

For the purpose of section 107(3)(a), the proportion of 25% is prescribed.

Contributions by additional residents

11 Application

This regulation applies to social housing if, and only if, in the agency’s opinion, the applicable persons’ principal source of income is contributions from additional residents.

12 Extent to which contributions included in income

For the purpose of section 109(2),—

(a)

if regulation 11 applies to social housing, the weekly income of the applicable persons includes all contributions from additional residents:

(b)

if regulation 11 does not apply to social housing and the applicable persons receive contributions from fewer than 3 additional residents, their weekly income does not include any contributions from additional residents:

(c)

if regulation 11 does not apply to social housing and the applicable persons receive contributions from 3 or more additional residents, their weekly income—

(i)

does not include any contributions from the 2 additional residents making the greatest contributions; and

(ii)

includes only 62% of the sum of the contributions from the other additional resident or residents.

Payments included in or excluded from income

13 Certain payments to be income

For the purpose of section 110(1)(a), a person’s weekly income includes—

(a)

the appropriate weekly proportion of every amount or payment received as—

(i)

an income-tested benefit other than an orphan’s benefit or an unsupported child’s benefit; or

(ii)

New Zealand superannuation under the New Zealand Superannuation and Retirement Income Act 2001 or a veteran’s pension under Part 6 of the Veterans’ Support Act 2014; or

(iii)

a study grant; and

(b)

amounts received under the Accident Compensation Act 2001 as weekly compensation for loss of earnings or potential earning capacity; and

(c)

any minimum family tax credit that the person is eligible for under subparts MA to MF and MZ of the Income Tax Act 2007.

14 Certain payments not to be income

For the purpose of section 110(1)(b), a person’s weekly income does not include—

(a)

an amount or a payment—

(i)

received as a benefit, an allowance, or other payment under the Social Security Act 2018 not referred to in regulation 13(a); or

(ii)

received as a parental tax credit, child tax credit, in-work tax credit, or Best Start tax credit under subparts MA to MG and MZ of the Income Tax Act 2007; or

(iii)

of a kind stated in any of clause 8(b) to (j) and (m) to (p) of Schedule 3 of the Social Security Act 2018; or

(iv)

of a kind stated in clause 4 of Schedule 8 of the Social Security Regulations 2018; or

(b)

for a person with a disability (A),—

(i)

the value of any regular disability support services supplied to A:

(ii)

any direct payment of disability support made by or on behalf of the Crown to A, or a person on A’s behalf, for the purposes of purchasing or obtaining disability support services for A; or

(c)

the value of any regular disability support services supplied to any dependent child of the person who—

(i)

is residing in the social housing concerned; and

(ii)

is a person with a disability.

Regulation 14(a)(i): amended, on 30 November 2018, by regulation 5(1) of the Housing Restructuring and Tenancy Matters (Prescribed Elements of Calculation Mechanism) Amendment Regulations 2018 (LI 2018/237).

Regulation 14(a)(iii): amended, on 30 November 2018, by regulation 5(2) of the Housing Restructuring and Tenancy Matters (Prescribed Elements of Calculation Mechanism) Amendment Regulations 2018 (LI 2018/237).

Regulation 14(a)(iv): inserted, on 30 November 2018, by regulation 5(3) of the Housing Restructuring and Tenancy Matters (Prescribed Elements of Calculation Mechanism) Amendment Regulations 2018 (LI 2018/237).

15 Assessable assets

(1)

For the purpose of section 111(2), assessable assets,—

(a)

for a person with a spouse or partner or a single person with a dependent child or children, means any cash assets in excess of $5,400:

(b)

in any other case, means any cash assets in excess of $2,700.

(2)

If, on or after the date on which this subclause comes into force, a person receives an impairment lump sum under Schedule 1 of the Accident Compensation Act 2001 or a lump sum payment of an independence allowance under Part 13 of the Accident Insurance Act 1998 or Part 4 of Schedule 1 of that Act, then for the period of 12 months following the receipt of that lump sum payment, the applicable amount in subclause (1)(a) or (b) is considered to be increased by the amount of that payment.

Period for estimating income

16 Period for estimating income

For the purpose of section 113, the period of 52 weeks is prescribed.

Schedule Transitional, savings, and related provisions

r 4

Part 1 Provisions relating to these regulations as made

There are no transitional, savings, or related provisions relating to these regulations as made.

Michael Webster,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 27 September 2018.

Reprints notes
1 General

This is a reprint of the Public and Community Housing Management (Prescribed Elements of Calculation Mechanism) Regulations 2018 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Kāinga Ora–Homes and Communities Act 2019 (2019 No 50): sections 33, 34(4)

Housing Restructuring and Tenancy Matters (Prescribed Elements of Calculation Mechanism) Amendment Regulations 2018 (LI 2018/237)