Social Security (Cash Assets and Income Exemptions) Amendment Regulations 2018

2018/236

Coat of Arms of New Zealand

Social Security (Cash Assets and Income Exemptions) Amendment Regulations 2018

Patsy Reddy, Governor-General

Order in Council

At Wellington this 26th day of November 2018

Present:
Her Excellency the Governor-General in Council

These regulations are made under sections 423(1)(b) and 428(1) and (2)(d) and (f) of the Social Security Act 2018 on the advice and with the consent of the Executive Council.

Regulations

1 Title

These regulations are the Social Security (Cash Assets and Income Exemptions) Amendment Regulations 2018.

2 Commencement

These regulations come into force on 30 November 2018.

3 Principal regulations

These regulations amend the Social Security Regulations 2018 (the principal regulations).

4 Schedule 8 amended

(1)

In Schedule 8, clause 1, after item 16, insert:

17Housing New Zealand Corporation lump sum payment to which clause 48 appliesNot cash assets for the person to whom the payment was madeOnly for the first 12 months after the payment is made

(2)

In Schedule 8, clause 2, after item 17, insert:

18Housing New Zealand Corporation lump sum payment to which clause 48 appliesNot cash assets for the person to whom the payment was madeOnly for the first 12 months after the payment is made

(3)

In Schedule 8, clause 3, after item 4, insert:

5Housing New Zealand Corporation lump sum payment to which clause 48 appliesNot chargeable income for the person to whom the payment was madeOnly for the first 12 months after the payment is made

(4)

In Schedule 8, clause 4, after item 22, insert:

23Housing New Zealand Corporation lump sum payment to which clause 48 appliesNot income for the person to whom the payment was madeOnly for the first 12 months after the payment is made

(5)

In Schedule 8, after Part 27, insert the Part 28 set out in the Schedule of these regulations.

Schedule New Part 28 inserted into Schedule 8

r 4(5)

Part 28 Housing New Zealand Corporation payments for alleged methamphetamine contamination

48 Payments and interest

This clause applies to—

(a)

any lump sum payment made to a person on or after 30 November 2018 by Housing New Zealand Corporation to reimburse the costs arising from the termination of a person’s tenancy with the Corporation due to alleged methamphetamine contamination of the property to which the tenancy relates; and

(b)

any interest derived (directly or indirectly) by the person from the 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 30 November 2018, amend Schedule 8 of the Social Security Regulations 2018. The amendments ensure that any lump sum payment made to a person on or after 30 November 2018 by Housing New Zealand Corporation to reimburse the costs arising from the termination of a person’s tenancy with the Corporation due to alleged methamphetamine contamination of the property to which the tenancy relates is not treated as cash assets, chargeable income, or income for the purpose of determining the person’s accommodation supplement or temporary additional support entitlements under the Social Security Act 2018.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 29 November 2018.

These regulations are administered by the Ministry of Social Development.