Social Security (Cash Assets and Income Exemptions—Christchurch Mosques Attack Support Payments) Amendment Regulations 2019

2019/68

Coat of Arms of New Zealand

Social Security (Cash Assets and Income Exemptions—Christchurch Mosques Attack Support Payments) Amendment Regulations 2019

Patsy Reddy, Governor-General

Order in Council

At Wellington this 1st day of April 2019

Present:
The Right Hon Winston Peters presiding in Council

These regulations are made under sections 422(1), 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—Christchurch Mosques Attack Support Payments) Amendment Regulations 2019.

2 Commencement

These regulations come into force on 2 April 2019.

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 17, insert:

18Christchurch mosques attack support payment and income to which clause 50 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 18, insert:

19Christchurch mosques attack support payment and income to which clause 50 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 5, insert:

6Christchurch mosques attack support payment and income to which clause 50 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 23, insert:

24Christchurch mosques attack support payment and income to which clause 50 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 28, insert the Part 29 set out in the Schedule of these regulations.

Schedule New Part 29 inserted into Schedule 8

r 4(5)

Part 29 Christchurch mosques attack support payments

49 Interpretation

In this Part, unless the context otherwise requires, Christchurch mosques attack support payment—

(a)

means a payment made to a person because they are a person affected by an attack on 15 March 2019 on a Christchurch mosque; and

(b)

includes, without limitation, a payment specified in paragraph (a) made from donations collected or made by all or any of the following:

(i)

an organisation that has collected donations, for example, by means that are or include any of the following crowdfunding websites:

(A)

www.everydayhero.co.nz:

(B)

www.givealittle.co.nz:

(C)

www.launchgood.com:

(ii)

businesses:

(iii)

employers:

(iv)

individuals:

(v)

overseas governments.

50 Payments and income

This clause applies to—

(a)

a Christchurch mosques attack support payment made to a person on or after 15 March 2019 (or, for the purposes only of the temporary additional support chargeable income exemption (see item 6 of clause 3), made to a person on or after 2 April 2019); and

(b)

any income 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 2 April 2019, amend Schedule 8 of the Social Security Regulations 2018. The amendments relate to a Christchurch mosques attack support payment made to a person on or after 15 March 2019 (or, for the purposes only of the temporary additional support chargeable income exemption, 2 April 2019) and related income. They ensure that the payment and related income are not cash assets or chargeable income for the purposes of determining the person’s accommodation supplement or temporary additional support entitlements under the Social Security Act 2018 (the Act). They also ensure that the payment and related income are not the person’s income for the purposes of the Act.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 1 April 2019.

These regulations are administered by the Ministry of Social Development.