Social Security (Income Exemption: Home-based Care) Amendment Regulations 2010: revoked, on 22 September 2011, pursuant to regulation 47 of the Social Security (Income and Cash Assets Exemptions) Regulations 2011 (SR 2011/287).

Anand Satyanand, Governor-General

Order in Council

At Wellington this 22nd day of February 2010

Present:
His 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.

Pursuant to sections 132 and 132AA of the Social Security Act 1964, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

1	Title
2	Commencement
3	Principal regulations amended
4	Application of these regulations
5	Application
6	Interpretation
7	Declaring certain amounts not to be income
8	Consequential revocation
	Explanatory note
	Gazette Information
	Notes

Regulations

1 Title

These regulations are the Social Security (Income Exemption: Home-based Care) Amendment Regulations 2010.

2 Commencement

These regulations come into force on 1 April 2010.

3 Principal regulations amended

These regulations amend the Social Security (Income Exemption: Home-based Care) Regulations 2004.

4 Application of these regulations

These regulations apply to payments for home-based education and care received by a caregiver on or after 1 April 2010.

5 Application

Regulation 3 is amended by inserting “education and” after “home-based”.

6 Interpretation

(1)

The definitions of arranger and home-based care in regulation 4 are revoked.

(2)

Regulation 4 is amended by inserting the following definitions in their appropriate alphabetical order:

home-based education and care has the meaning given to it in the code of practice

service provider has the meaning given to it in the code of practice

7 Declaring certain amounts not to be income

(1)

Regulations 5(1) is amended by—

(a)

inserting “education and” after “home-based”; and

(b)

omitting “an arranger” and substituting “a service provider”.

(2)

Regulation 5(2)(a) is amended by omitting “$3.09” and substituting “$3.15”.

(3)

Regulation 5(2)(b) is amended by inserting “education and” after “home-based”.

8 Consequential revocation

The Social Security (Income Exemption: Home-based Care) Amendment Regulations 2009 (SR 2009/25) are consequentially revoked.

Rebecca Kitteridge,
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 1 April 2010, amend the Social Security (Income Exemption: Home-based Care) Regulations 2004 (the 2004 regulations).

The amendments bring the terminology used in the 2004 regulations into line with that used in Part 26 of the Education Act 1989, relating to early childhood education and care, as substituted by the Education Amendment Act 2006, which came into force on 1 December 2008. In addition, these regulations raise the amount that is declared not to be the income of a caregiver who receives payment for providing home-based education and care, arranged by a service provider, in accordance with the code of practice set out in the Schedule of the Education (Home-Based Care) Order 1992. The amount is raised to reflect a 1.96% increase in the New Zealand Consumers Price Index (All Groups) from the December 2008 quarter to the December 2009 quarter.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 25 February 2010.

Notes

1 General

This is a consolidation of the Social Security (Income Exemption: Home-based Care) Amendment Regulations 2010 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

Social Security (Income and Cash Assets Exemptions) Regulations 2011 (SR 2011/287): regulation 47

Social Security (Income Exemption: Home-based Care) Amendment Regulations 2010