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Emergency Benefit : Contents

Oranga Tamariki order in place

The following table identifies when a child can be considered a dependent child and when it can't, depending on the type of order that is in place and section of the Oranga Tamariki Act 1989 that applies.

When to include as a dependent child

When not to include as a dependent child

section 139: Agreements for temporary care of child or young person by the Chief Executive of Oranga Tamariki

section 140: Agreements for extended care of child or young person by the Chief Executive of Oranga Tamariki

section 78: Interim Custody Order in favour of the Chief Executive of Oranga Tamariki, pending determination of court proceedings. If Chief Executive of Oranga Tamariki has returned the child or young person in to the care of the immediate previous care giver.

section 78: Interim Custody Order in favour of the Chief Executive of Oranga Tamariki, pending determination of court proceedings

section 101: Custody order in favour of principal caregiver. Guardianship Order in favour of the Chief Executive of Oranga Tamariki under section 110.

section 101: Custody Order in favour of the Chief Executive of Oranga Tamariki

section 102: Interim Custody Order in favour of the Chief Executive of Oranga Tamariki

section 110(2)a: Sole Guardianship Order in favour of the Chief Executive of Oranga Tamariki. Section 101 Custody Order in favour of principal caregiver and other dependent child criteria are met. Please refer case to your local solicitor for consideration.

section 110(2)a: Sole Guardianship Order in favour of the Chief Executive of Oranga Tamariki

section 110(2) b: Additional guardianship Order, to any other guardian in favour of the Chief Executive of Oranga Tamariki.

section 112: Guardianship Order in favour of Chief Executive of Oranga Tamariki for a specific purpose. Please refer case to your local solicitor for consideration.

section 86: Services Orders that provide for particular services and assistance required by the child or young person (e.g. counselling fees, special education costs)

section 86: Services Orders that provide for general financial support to be provided by the Chief Executive of Oranga Tamariki.

section 91: Support Orders. The child may be considered a dependent child where the documentation states that specific financial support is to be provided by the Chief Executive of Oranga Tamariki.

section 91: Support Orders. The child cannot be considered a dependent child where the documentation states that general financial support is to be provided by the Chief Executive of Oranga Tamariki. See your local solicitor if you receive a case in this category.

When a child or young person is discharged from the care, custody or sole guardianship of the Chief Executive of Oranga Tamariki, always consider including the child in the clients Emergency Benefit or granting Unsupported Childs Benefit.
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The Oranga Tamariki Act 1989 is also known as the Children's and Young People's Well-being Act 1989. It was previously known as the:

Under some provisions of the Oranga Tamariki Act 1989, the Chief Executive of Oranga Tamariki can also refer to: