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

2020/98

Coat of Arms of New Zealand

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

Patsy Reddy, Governor-General

Order in Council

At Wellington this 25th day of May 2020

Present:
Her Excellency the Governor-General in Council

These regulations are made under section 114 of the Public and Community Housing Management 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) (COVID-19 Income Relief Payment to be Income) Amendment Regulations 2020.

2 Commencement

These regulations come into force on 8 June 2020.

3 Principal regulations

These regulations amend the Public and Community Housing Management (Prescribed Elements of Calculation Mechanism) Regulations 2018 (the principal regulations).

4 Regulation 3 amended (Interpretation)

In regulation 3(1), insert in their appropriate alphabetical order:

COVID-19 income relief payment means all or a portion of a payment under the COVID-19 Income Relief Payment Programme

COVID-19 Income Relief Payment Programme means—

(a)

that programme as approved and established under section 101 of the Social Security Act 2018; or

(b)

if that programme is revoked, a programme—

(i)

also approved and established under section 101 of that Act; and

(ii)

that, with or without modification, replaces, or that corresponds to, that programme

5 Regulation 13 amended (Certain payments to be income)

After regulation 13(a)(i), insert:

(ia)

a COVID-19 income relief payment; or

6 Schedule amended

In the Schedule, replace Part 1 with the Parts 1 and 2 set out in the Schedule of these regulations.

Schedule New Parts 1 and 2 inserted into Schedule of principal regulations

r 6

Part 1 Provision relating to these regulations as made

1 No transitional, savings, or related provisions

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

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

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.

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.

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 8 June 2020, amend the Public and Community Housing Management (Prescribed Elements of Calculation Mechanism) Regulations 2018 (the principal regulations).

The amendments are about a person’s weekly income for the purposes of public housing. In particular, the amendments ensure that a person’s weekly income for calculation of income-related rent includes a payment received by the person under the COVID-19 Income Relief Payment Programme (the Programme) (see new regulation 13(a)(ia), and regulation 14(a)(i), of the principal regulations).

The Programme will be approved and established under the Social Security Act 2018. Payments under the Programme will provide temporary income relief to people who have lost their jobs as a result of the impact of COVID-19, and will be paid for up to 12 weeks instead of an income-tested main benefit under that Act. The intention is to ease the income shock individuals and whānau may experience from unemployment. The Programme will come into force on 8 June 2020 and will be available for eligible people who have lost their jobs on or after 1 March 2020 and no later than 30 October 2020. People will be able to apply until 13 November 2020.

The change made through these amendments will ensure that access to support provided under the Public and Community Housing Management Act 1992 takes into account the actual financial resources a person is receiving. This is consistent with how income-tested main benefits under the Social Security Act 2018 are treated for public housing purposes.

Regulatory impact assessment

The Treasury has determined that these regulations are a direct COVID-19 response and has suspended the RIA requirements (in accordance with CAB-20-MIN-0138).

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 28 May 2020.

These regulations are administered by the Ministry of Social Development.