Student Allowances Amendment Regulations (No 2) 2018

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2018/178

Coat of Arms of New Zealand

Student Allowances Amendment Regulations (No 2) 2018

Patsy Reddy, Governor-General

Order in Council

At Wellington this 24th day of September 2018

Present:
Her Excellency the Governor-General in Council

These regulations are made under section 303 of the Education Act 1989 on the advice and with the consent of the Executive Council.

Regulations

1 Title

These regulations are the Student Allowances Amendment Regulations (No 2) 2018.

2 Commencement

These regulations come into force on 1 January 2019.

3 Principal regulations

These regulations amend the Student Allowances Regulations 1998 (the principal regulations).

4 Regulation 2 amended (Interpretation)

(1)

In regulation 2(1), insert in their appropriate alphabetical order:

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)

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

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

(2)

In regulation 2(1), definition of personal income, after paragraph (c)(vii), insert:

(viii)

for a student with a disability (A), 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 purpose of purchasing or obtaining disability support services for A; and

(3)

In regulation 2(1), definition of spousal or partner’s income, after paragraph (c)(v), insert:

(vi)

in relation to that student’s spouse or partner, being a spouse or partner with a disability (B), any direct payment of disability support made by or on behalf of the Crown to B, or a person on B’s behalf, for the purpose of purchasing or obtaining disability support services for B; and

5 Schedule 1 amended

In Schedule 1, after Part 2, insert the Part 3 set out in the Schedule of these regulations.

Schedule New Part 3 inserted into Schedule 1

r 5

Part 3 Provision relating to Student Allowances Amendment Regulations (No 2) 2018

3 Amendments apply only to study starting on or after 1 January 2019

(1)

This clause applies to the amendments to these regulations made by regulation 4 of the Student Allowances Amendment Regulations (No 2) 2018.

(2)

The amendments apply only to study starting on or after 1 January 2019.

(3)

Subclause (2) applies even if the enrolment concerned was applied for or permitted, or both, before 1 January 2019.

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 1 January 2019, amend the Student Allowances Regulations 1998 (the principal regulations). The effect of the amendments is to ensure that a student’s personal income or spousal or partner’s income (as defined in regulation 2(1) of the principal regulations) excludes any direct payment of disability support made by or on behalf of the Crown to the student or student’s spouse or partner, or another person on behalf of the student or student’s spouse or partner, for the purpose of purchasing or obtaining disability support services for the student or the student’s spouse or partner.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 27 September 2018.

These regulations are administered by the Ministry of Social Development.