Oranga Tamariki Act 1989
Children’s and Young People’s Well-being Act 1989

388A Financial and other assistance to permanent caregivers

(1)

The chief executive may from time to time provide financial and other assistance to a permanent caregiver of a child or young person for the purpose of assisting the permanent caregiver to care for the child or young person.

(2)

The chief executive must provide financial and other assistance under this section to a permanent caregiver of a child or young person if—

(a)

the need for assistance arises from the care and protection needs or the extraordinary health, education, or developmental needs of the child or young person; and

(b)

those needs are greater than it is reasonable to expect the permanent caregiver to meet; and

(c)

those needs cannot be met by existing sources of support under this Act or any other enactment, and are unlikely to be provided otherwise; and

(d)

it is reasonable in the circumstances for the chief executive to provide the assistance; and

(e)

the provision of assistance is consistent with any general or special directions (not inconsistent with this section) given to the chief executive in writing by the Minister.

(3)

A direction under subsection (2)(e) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it relates exclusively to an individual.

(4)

[Repealed]

Legislation Act 2019 requirements for secondary legislation made under this section
PublicationThe maker must publish it in the GazetteLA19 ss 73, 74(1)(a), Sch 1 cl 14
However, that requirement does not apply if a direction of that kind that relates exclusively to an individual. In that case, it is not required to be published
PresentationThe Minister must present it to the House of RepresentativesLA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.

Section 388A: inserted, on 30 June 2016, by section 37 of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).

Section 388A(3): replaced, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

Section 388A(4): repealed, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).