Epidemic Preparedness (Social Security Act 2018—Temporary Additional Support) Immediate Modification Order 2020

2020/52

Coat of Arms of New Zealand

Epidemic Preparedness (Social Security Act 2018—Temporary Additional Support) Immediate Modification Order 2020

Patsy Reddy, Governor-General

Order in Council

At Wellington this 26th day of March 2020

Present:
The Right Hon Jacinda Ardern presiding in Council

This order is made under section 15 of the Epidemic Preparedness Act 2006

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister for Social Development (the Minister being satisfied of the matters required by section 15(2)(b) of that Act, and having received from the chief executive of the Ministry of Social Development a written recommendation stating the matters required by section 15(2)(a)).

Order

1 Title

This order is the Epidemic Preparedness (Social Security Act 2018—Temporary Additional Support) Immediate Modification Order 2020.

2 Commencement

This order comes into force on 30 March 2020.

3 Enactment to which modifications made

This order makes modifications to a requirement imposed by the Social Security Act 2018 (the principal Act).

4 Requirement that another application form be completed before temporary additional support continued
Modification

(1)

Section 96(1)(c) has effect as if an applicant to whom this clause applies meets the criteria and requirements in regulation 61 of the Social Security Regulations 2018.

Applicants to whom modification applies

(2)

This clause applies to an applicant for temporary additional support only if that support was granted before, and the prescribed period of support for that support ends (under regulation 67(1)(a) or (b) of those regulations) on or after, 30 March 2020.

Exception: applicant does not wish to continue to receive support

(3)

This clause does not apply if, during that period, the applicant notifies MSD that the applicant does not wish to receive temporary additional support for another prescribed period of support.

Exception: change of circumstances that removes eligibility

(4)

This clause also does not apply if, during that period, the applicant (as required by section 113) notifies MSD of a change in the applicant’s circumstances that leads MSD to consider that—

(a)

the deficiency will reduce to nil; or

(b)

the applicant will for any reason be ineligible for temporary additional support; or

(c)

temporary additional support will for any reason not be payable to the applicant.

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which comes into force on 30 March 2020, makes a modification to a requirement imposed by the Social Security Act 2018 (the Act) that may be impossible or impracticable to comply with during an epidemic.

Requirement modified

Clause 4 modifies the requirement in section 96(1)(c) of the Act that, before a person (P) is entitled to temporary additional support, P must meet criteria and requirements in the Social Security Regulations 2018. Those criteria and requirements include (regulation 61) that temporary additional support may be granted to an applicant for that support only if an application form is completed in writing by or on behalf of the applicant, and sets out the information required to allow—

  • the applicant’s eligibility for temporary additional support to be assessed; and

  • the rate of any temporary additional support payable to the applicant to be determined.

Modification

Clause 4 provides that section 96(1)(c) has effect as if an applicant to whom clause 4 applies meets the criteria and requirements in regulation 61 of the Social Security Regulations 2018.

Applicants to whom modification applies

Clause 4 applies to an applicant for temporary additional support only if that support was granted before, and the prescribed period of support for that support ends (under regulation 67(1)(a) or (b) of those regulations) on or after, 30 March 2020.

Exception: applicant does not wish to continue to receive support

Clause 4 does not apply if, during that period, the applicant notifies MSD that the applicant does not wish to receive temporary additional support for another prescribed period of support.

Exception: change of circumstances that removes eligibility

Clause 4 also does not apply if, during that period, the applicant (as required by section 113 of the Act) notifies MSD of a change in the applicant’s circumstances that leads MSD to consider that—

  • the deficiency will reduce to nil; or

  • the applicant will for any reason be ineligible for temporary additional support; or

  • temporary additional support will for any reason not be payable to the applicant.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 26 March 2020.

This order is administered by the Ministry of Social Development.