Public and Community Housing Management (Prescribed Elements of Calculation Mechanism) Regulations 2018

  • Previous title has changed

Version as at 1 July 2022

Coat of Arms of New Zealand

Public and Community Housing Management (Prescribed Elements of Calculation Mechanism) Regulations 2018

(LI 2018/173)

Regulations name: replaced, on 1 October 2019, by section 34(4) of the Kāinga Ora–Homes and Communities Act 2019 (2019 No 50).

Patsy Reddy, Governor-General

Order in Council

At Wellington this 24th day of September 2018

Present:
Her Excellency the Governor-General in Council

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

These regulations are administered by the Ministry of Social Development.

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 Public and Community Housing Management (Prescribed Elements of Calculation Mechanism) Regulations 2018.

Regulation 1: replaced, on 1 October 2019, by section 34(4) of the Kāinga Ora–Homes and Communities Act 2019 (2019 No 50).

2 Commencement

These regulations come into force on 1 October 2018.

3 Interpretation

(1)

In these regulations, unless the context otherwise requires,—

cash assets has the same meaning as in section 68(2) of the Social Security Act 2018

Crown means all or any of the following:

(a)

the Sovereign in right of New Zealand:

(b)

all Ministers of the Crown, and all public service agencies as defined in section 5 of the Public Service Act 2020:

(c)

Crown entities as defined in section 7(1) of the Crown Entities Act 2004 (for example, Health New Zealand):

(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 Health New Zealand)

dependent child,—

(a)

in regulation 9, has the same meaning as in section YA 1 of the Income Tax Act 2007; and

(b)

in any other provision of these regulations, has the same meaning as in Schedule 2 of the Social Security Act 2018

disability support services has the same meaning as in section 4 of the Pae Ora (Healthy Futures) Act 2022

Health New Zealand has the meaning in section 4 of the Pae Ora (Healthy Futures) Act 2022

main benefit has the same meaning as in section 349 of the Social Security Act 2018

predecessor in title, in relation to Health New Zealand, has the same meaning as in section 2(1) of the Health Sector (Transfers) Act 1993

section means a section of the Act.

(2)

A term or expression defined in the Act and used, but not defined, in these regulations has the same meaning as in the Act.

Regulation 3(1) Act: amended, on 1 October 2019, by section 33 of the Kāinga Ora–Homes and Communities Act 2019 (2019 No 50).

Regulation 3(1) cash assets: amended, on 30 November 2018, by regulation 4(1) of the Housing Restructuring and Tenancy Matters (Prescribed Elements of Calculation Mechanism) Amendment Regulations 2018 (LI 2018/237).

Regulation 3(1) COVID-19 income relief payment: revoked, on 11 February 2021, by clause 2(2) of the Schedule.

Regulation 3(1) COVID-19 Income Relief Payment Programme: revoked, on 11 February 2021, by clause 2(2) of the Schedule.

Regulation 3(1) Crown paragraph (b): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

Section 3(1) Crown paragraph (c): amended, on 1 July 2022, by section 104 of the Pae Ora (Healthy Futures) Act 2022 (2022 No 30).

Section 3(1) Crown paragraph (d): amended, on 1 July 2022, by section 104 of the Pae Ora (Healthy Futures) Act 2022 (2022 No 30).

Regulation 3(1) dependent child paragraph (b): amended, on 30 November 2018, by regulation 4(2) of the Housing Restructuring and Tenancy Matters (Prescribed Elements of Calculation Mechanism) Amendment Regulations 2018 (LI 2018/237).

Section 3(1) DHB: revoked, on 1 July 2022, by section 104 of the Pae Ora (Healthy Futures) Act 2022 (2022 No 30).

Section 3(1) disability support services: amended, on 1 July 2022, by section 104 of the Pae Ora (Healthy Futures) Act 2022 (2022 No 30).

Section 3(1) Health New Zealand: inserted, on 1 July 2022, by section 104 of the Pae Ora (Healthy Futures) Act 2022 (2022 No 30).

Regulation 3(1) income-tested benefit: revoked, on 30 March 2021, by section 142 of the Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021 (2021 No 8).

Regulation 3(1) main benefit: inserted, on 30 March 2021, by section 142 of the Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021 (2021 No 8).

Section 3(1) predecessor in title: amended, on 1 July 2022, by section 104 of the Pae Ora (Healthy Futures) Act 2022 (2022 No 30).

4 Transitional, savings, and related provisions

The transitional, savings, and related provisions (if any) set out in the Schedule have effect according to their terms.

Prescribed proportions, thresholds, and amounts

5 Proportion of income up to threshold

For the purpose of section 107(2)(a), the proportion of 25% is prescribed.

6 Thresholds

For the purposes of section 107(2)(a) and (b), the following thresholds are prescribed:

(a)

for a sole tenant who has no spouse or partner and no dependent children, the rate stated in clause 1(a) of Schedule 1 of the New Zealand Superannuation and Retirement Income Act 2001, after deduction of standard tax; and

(b)

in every other case, the rate stated in clause 1(c) of Schedule 1 of the New Zealand Superannuation and Retirement Income Act 2001, after deduction of standard tax and multiplied by 2.

7 Proportion of income above threshold

For the purpose of section 107(2)(b), the proportion of 50% is prescribed.

8 Proportion of family tax credit

For the purposes of sections 107(2)(c) and 107(3)(b), the proportion of 25% is prescribed.

9 Prescribed amount of family tax credit

For the purposes of sections 107(2)(c)(ii) and 107(3)(b)(ii), the maximum rate of family tax credit payable under subparts MA to MF and MZ of the Income Tax Act 2007 in respect of an eldest dependent child who is under 16 years is prescribed.

10 Proportion of benefit

For the purpose of section 107(3)(a), the proportion of 25% is prescribed.

Contributions by additional residents

11 Application

This regulation applies to social housing if, and only if, in the agency’s opinion, the applicable persons’ principal source of income is contributions from additional residents.

12 Extent to which contributions included in income

For the purpose of section 109(2),—

(a)

if regulation 11 applies to social housing, the weekly income of the applicable persons includes all contributions from additional residents:

(b)

if regulation 11 does not apply to social housing and the applicable persons receive contributions from fewer than 3 additional residents, their weekly income does not include any contributions from additional residents:

(c)

if regulation 11 does not apply to social housing and the applicable persons receive contributions from 3 or more additional residents, their weekly income—

(i)

does not include any contributions from the 2 additional residents making the greatest contributions; and

(ii)

includes only 62% of the sum of the contributions from the other additional resident or residents.

Payments included in or excluded from income

13 Certain payments to be income

For the purpose of section 110(1)(a), a person’s weekly income includes—

(a)

the appropriate weekly proportion of every amount or payment received as—

(i)

a main benefit other than an orphan’s benefit or an unsupported child’s benefit; or

(ia)
[Revoked]

(ii)

New Zealand superannuation under the New Zealand Superannuation and Retirement Income Act 2001 or a veteran’s pension under Part 6 of the Veterans’ Support Act 2014; or

(iii)

a study grant; and

(b)

amounts received under the Accident Compensation Act 2001 as weekly compensation for loss of earnings or potential earning capacity; and

(c)

any minimum family tax credit that the person is eligible for under subparts MA to MF and MZ of the Income Tax Act 2007.

Regulation 13(a)(i): amended, on 30 March 2021, by section 142 of the Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021 (2021 No 8).

Regulation 13(a)(ia): revoked, on 11 February 2021, by clause 2(3) of the Schedule.

14 Certain payments not to be income

For the purpose of section 110(1)(b), a person’s weekly income does not include—

(a)

an amount or a payment—

(i)

received as a benefit, an allowance, or other payment under the Social Security Act 2018 not referred to in regulation 13(a); or

(ii)

received as a parental tax credit, child tax credit, in-work tax credit, or Best Start tax credit under subparts MA to MG and MZ of the Income Tax Act 2007; or

(iii)

of a kind stated in any of clause 8(b) to (j) and (m) to (p) of Schedule 3 of the Social Security Act 2018; or

(iv)

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

(b)

for a person with a disability (A),—

(i)

the value of any regular disability support services supplied to A:

(ii)

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 purposes of purchasing or obtaining disability support services for A; or

(c)

the value of any regular disability support services supplied to any dependent child of the person who—

(i)

is residing in the social housing concerned; and

(ii)

is a person with a disability.

Regulation 14(a)(i): amended, on 30 November 2018, by regulation 5(1) of the Housing Restructuring and Tenancy Matters (Prescribed Elements of Calculation Mechanism) Amendment Regulations 2018 (LI 2018/237).

Regulation 14(a)(iii): amended, on 30 November 2018, by regulation 5(2) of the Housing Restructuring and Tenancy Matters (Prescribed Elements of Calculation Mechanism) Amendment Regulations 2018 (LI 2018/237).

Regulation 14(a)(iv): inserted, on 30 November 2018, by regulation 5(3) of the Housing Restructuring and Tenancy Matters (Prescribed Elements of Calculation Mechanism) Amendment Regulations 2018 (LI 2018/237).

15 Assessable assets

(1)

For the purpose of section 111(2), assessable assets,—

(a)

for a person with a spouse or partner or a single person with a dependent child or children, means any cash assets in excess of $5,400:

(b)

in any other case, means any cash assets in excess of $2,700.

(2)

If, on or after the date on which this subclause comes into force, a person receives an impairment lump sum under Schedule 1 of the Accident Compensation Act 2001 or a lump sum payment of an independence allowance under Part 13 of the Accident Insurance Act 1998 or Part 4 of Schedule 1 of that Act, then for the period of 12 months following the receipt of that lump sum payment, the applicable amount in subclause (1)(a) or (b) is considered to be increased by the amount of that payment.

Period for estimating income

16 Period for estimating income

For the purpose of section 113, the period of 52 weeks is prescribed.

Schedule Transitional, savings, and related provisions

r 4

Part 1 Provisions relating to these regulations as made

Schedule Part 1: replaced, on 8 June 2020, by regulation 6 of the Public and Community Housing Management (Prescribed Elements of Calculation Mechanism) (COVID-19 Income Relief Payment to be Income) Amendment Regulations 2020 (LI 2020/98).

1 No transitional, savings, or related provisions

There are no transitional, savings, or related provisions relating to these regulations as made.

Schedule clause 1: replaced, on 8 June 2020, by regulation 6 of the Public and Community Housing Management (Prescribed Elements of Calculation Mechanism) (COVID-19 Income Relief Payment to be Income) Amendment Regulations 2020 (LI 2020/98).

Part 2 Provisions relating to Public and Community Housing Management (Prescribed Elements of Calculation Mechanism) (COVID-19 Income Relief Payment to be Income) Amendment Regulations 2020

Schedule Part 2: inserted, on 8 June 2020, by regulation 6 of the Public and Community Housing Management (Prescribed Elements of Calculation Mechanism) (COVID-19 Income Relief Payment to be Income) Amendment Regulations 2020 (LI 2020/98).

2 Revocations

(1)

This clause takes effect when the COVID-19 Income Relief Payment Programme is revoked and not replaced.

(2)

In regulation 3(1), revoke the definitions of COVID-19 income relief payment and COVID-19 Income Relief Payment Programme.

(3)

Revoke regulation 13(a)(ia).

(4)

In this clause, COVID-19 Income Relief Payment Programme has the meaning in regulation 4 of the Public and Community Housing Management (Prescribed Elements of Calculation Mechanism) (COVID-19 Income Relief Payment to be Income) Amendment Regulations 2020.

Schedule clause 2: inserted, on 8 June 2020, by regulation 6 of the Public and Community Housing Management (Prescribed Elements of Calculation Mechanism) (COVID-19 Income Relief Payment to be Income) Amendment Regulations 2020 (LI 2020/98).

3 Effect of revocation of provision ensuring COVID-19 income relief payment is income

The revocation of regulation 13(a)(ia) does not affect its operation—

(a)

on or after 8 June 2020; and

(b)

before it is revoked by clause 2.

Schedule clause 3: inserted, on 8 June 2020, by regulation 6 of the Public and Community Housing Management (Prescribed Elements of Calculation Mechanism) (COVID-19 Income Relief Payment to be Income) Amendment Regulations 2020 (LI 2020/98).

Michael Webster,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 27 September 2018.

Notes
1 General

This is a consolidation of the Public and Community Housing Management (Prescribed Elements of Calculation Mechanism) Regulations 2018 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation

Pae Ora (Healthy Futures) Act 2022 (2022 No 30): section 104

Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021 (2021 No 8): section 142

Public Service Act 2020 (2020 No 40): section 135

Public and Community Housing Management (Prescribed Elements of Calculation Mechanism) (COVID-19 Income Relief Payment to be Income) Amendment Regulations 2020 (LI 2020/98)

Kāinga Ora–Homes and Communities Act 2019 (2019 No 50): sections 33, 34(4)

Housing Restructuring and Tenancy Matters (Prescribed Elements of Calculation Mechanism) Amendment Regulations 2018 (LI 2018/237)

Public and Community Housing Management (Prescribed Elements of Calculation Mechanism) Regulations 2018 (LI 2018/173): Schedule clause 2