Social Security (Income and Cash Assets Exemptions—Payments to Victims of Crime) Regulations 2009: revoked, on 22 September 2011, by regulation 47 of the Social Security (Income and Cash Assets Exemptions) Regulations 2011 (SR 2011/287).

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Ministry of Social Development.

Pursuant to section 132 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.

5 Specified item and income declared not to be income

6 Specified items not to be cash assets

Regulations

1 Title

These regulations are the Social Security (Income and Cash Assets Exemptions—Payments to Victims of Crime) Regulations 2009.

2 Commencement

These regulations come into force on 1 January 2010.

3 Interpretation

In these regulations, unless the context otherwise requires,—

Act means the Social Security Act 1964
crime means an offence for which the offender—
- (a) may be proceeded against by indictment; or
- (b) might have been proceeded against by indictment but for circumstances (for example, where the offender has died)
immediate family, in relation to a person,—
- (a) means a member of the person's family, whānau, or other culturally recognised family group, who is in a close relationship with the person at the time of the crime; and
- (b) to avoid doubt, includes—
  - (i) a spouse, civil union partner, or de facto partner:
  - (ii) a child or stepchild:
  - (iii) a brother, sister, stepbrother, or stepsister:
  - (iv) a parent or step-parent:
  - (v) a grandparent
victim means—
- (a) a person against whom a crime has been committed by another person; and
- (b) a person who, through, or by means of, a crime committed by another person, has suffered physical or emotional harm, or loss of, or damage to, property; and
- (c) a parent or legal guardian of a child, or of a young person, who falls within paragraph (a) or (b), unless that parent or guardian is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the crime concerned; and
- (d) a member of the immediate family of a person who, as a result of a crime committed by another person, has died, unless that member is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the crime concerned.

4 Application

The exemptions in regulations 5 and 6 apply only in respect of the first 12 months after the payment is made.

5 Specified item and income declared not to be income

The following are declared not to be the income of a person for the purpose of paragraph (f)(xvii) of the definition of income in section 3(1) of the Act:
- (a) any payment made by or on behalf of the Crown to the person because the person is a victim:
- (b) any amount of income derived by the person from that payment.

6 Specified items not to be cash assets

(1) The items of cash assets specified in subclause (2) are not a person's cash assets for the purpose of paragraph (b) of the definition of cash assets in section 61E(1) of the Act.
(2) The items of cash assets are—
- (a) any payment made by or on behalf of the Crown to the person because the person is a victim:
- (b) any amount of income derived by the person from that payment.

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 January 2010, are made under the Social Security Act 1964 (the Act). They declare certain items of income or cash assets not to be a person's income or cash assets for the purposes of the Act.

The exempted income and cash assets are any payment made by or on behalf of the Crown to the person because the person is a victim of a crime, and any income derived by the person from the payment.

The exemption applies only in respect of the first 12 months after the payment was made.

Such payments and any income derived from a payment of this kind are also—

assets exempt from means assessment under Part 4 of the Act, because of the related exemption in regulation 10(1)(n) and (o) of the Social Security (Long-term Residential Care) Regulations 2005; and
excluded from cash assets used in determining eligibility for temporary additional support, because of the related exclusion in regulation 8(3)(m) and (n) of the Social Security (Temporary Additional Support) Regulations 2005.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 17 December 2009.

1General
2Status of reprints
3How reprints are prepared
4Changes made under section 17C of the Acts and Regulations Publication Act 1989
5List of amendments incorporated in this reprint (most recent first)

Notes

1 General

This is a reprint of the Social Security (Income and Cash Assets Exemptions—Payments to Victims of Crime) Regulations 2009. The reprint incorporates all the amendments to the regulations as at 22 September 2011, as specified in the list of amendments at the end of these notes.

Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints

Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:
- •omission of unnecessary referential words (such as “of this section” and “of this Act”)
- •typeface and type size (Times Roman, generally in 11.5 point)
- •layout of provisions, including:
  - •indentation
  - •position of section headings (eg, the number and heading now appear above the section)
- •format of definitions (eg, the defined term now appears in bold type, without quotation marks)
- •format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)
- •position of the date of assent (it now appears on the front page of each Act)
- •punctuation (eg, colons are not used after definitions)
- •Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly
- •case and appearance of letters and words, including:
  - •format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)
  - •small capital letters in section and subsection references are now capital letters
- •schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly
- •running heads (the information that appears at the top of each page)
- •format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)

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

Social Security (Income and Cash Assets Exemptions—Payments to Victims of Crime) Regulations 2009