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

2018/237

Coat of Arms of New Zealand

Housing Restructuring and Tenancy Matters (Prescribed Elements of Calculation Mechanism) 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 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 Housing Restructuring and Tenancy Matters (Prescribed Elements of Calculation Mechanism) Amendment Regulations 2018.

2 Commencement

These regulations come into force on 30 November 2018.

3 Principal regulations
4 Regulation 3 amended (Interpretation)

(1)

In regulation 3(1), definition of cash assets, replace “section 61E of the Social Security Act 1964” with “section 68(2) of the Social Security Act 2018”.

(2)

In regulation 3(1), definition of dependent child, paragraph (b), replace “section 3(1) of the Social Security Act 1964” with “Schedule 2 of the Social Security Act 2018”.

(3)

In regulation 3(1), definition of income-tested benefit, replace “section 3(1) of the Social Security Act 1964” with “Schedule 2 of the Social Security Act 2018”.

5 Regulation 14 amended (Certain payments not to be income)

(1)

In regulation 14(a)(i), replace “Social Security Act 1964” with “Social Security Act 2018”.

(2)

In regulation 14(a)(iii), replace “subparagraphs (ii) to (xv) of paragraph (f) of the definition of income in section 3(1) of the Social Security Act 1964” with “clause 8(b) to (j) and (m) to (p) of Schedule 3 of the Social Security Act 2018”.

(3)

After regulation 14(a)(iii), insert:

(iv)

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

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 the Housing Restructuring and Tenancy Matters (Prescribed Elements of Calculation Mechanism) Regulations 2018 (the principal regulations). The amendments—

  • insert new regulation 14(a)(iv) into the principal regulations. The effect of the new provision is to ensure that any lump sum payments received by a person on or after 30 November 2018 from 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 income for the purpose of calculating a person’s income-related rent under the Housing Restructuring and Tenancy Matters Act 1992:

  • update various provisions of the principal regulations to reflect the coming into force of 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.