Clause 3. Interpretation

3

Interpretation

In this direction, unless the context otherwise requires-

accessibility means whether a person has access to housing other than social housing.

accommodation-

(a)

means premises intended for residential occupation as a home:

(b)

includes any room or other accommodation intended for occupation as a home by a boarder:

(c)

does not include any building, tent, caravan, vehicle, or other structure or erection, whether permanent or temporary, that is-

(i)

not intended to be used in whole or in part for human habitation; or

(ii)

intended to be used only as temporary accommodation; or

(iii)

emergency housing

accommodation income has the same meaning as in clause 7 of Part 7 of Schedule 4 of the Social Security Act 2018

accommodation supplement means accommodation supplement paid under section 65 of the Social Security Act 2018

Act means the Public and Community Housing Management Act 1992

adequacy means whether a person needs accommodation, or to move from his or her current accommodation, because he or she-

(a)

is not living in any accommodation; or

(b)

is staying in emergency housing for the time being; or

(c)

is living in accommodation that is not fit for habitation, or is in a serious state of disrepair that presents a severe and significant health and safety risk to the occupants; or

(d)

is living in accommodation that is overcrowded, having regard to the guidelines set out in Schedule 2; or

(e)

is living in accommodation in which the person has no security of tenure

additional resident has the same meaning as in section 2(1) of the Act

agency means the social housing agency or agencies appointed under section 100 of the Public and Community Housing Management Act 1992.

affordability means whether a person, including any other person who would, together with the person, be an applicable person in relation to any social housing that may be allocated to the person, can afford (with any financial assistance and resources available to them) suitable housing, other than social housing, in accordance with the calculation in Schedule 1.

applicable person, in relation to any social housing, means every person to whom the housing is or is to be let, and includes every person who is the spouse or partner of such a person.

cash assets has the same meaning as in regulation 3(1) of the Public and Community Housing Management (Prescribed Elements of Calculation Mechanism) Regulations 2018.

Christchurch response visa means a permanent resident visa of a kind described in the following immigration instructions:

(a)

RV2.16 (Permanent resident visas for residents affected by terrorist attacks on 15 March 2019); and

(b)

S4.30 (Christchurch Response (2019) Category).

dependent child in relation to a person, has the same meaning as in Schedule 2 of the Social Security Act 2018, and also means-

(a)

a child who, on or after the child's 18th birthday, is included as a dependent child in the person's dependent child rate benefit or specified children's benefit under sections 103B to 103F of the Social Security Act 2018, until the end of a determined period under section 103F(2) of that Act:

(b)

a child who, the agency is satisfied based on all relevant information available to the agency, on or after the child's 18th birthday, meets the criteria in (a) to (c) of section 103F(1) of the Social Security Act 2018 for a period the agency determines, but ending no later than the start of the week after 31 December in the year the child turns 18.

emergency housing means premises intended to be used as temporary accommodation by people who have no usual place of residence or who are unable to stay in their usual place of residence (whether also used as temporary accommodation by other people)

family or other violence includes (without Limitation) family violence within the meaning of the Family Violence Act 2018

household, in relation to a person (A), means all of the persons (if any) who would reside with A if A were allocated social housing (for example, A's spouse or partner and any dependent child

immigration instructions has the same meaning as in section 4 of the Immigration Act 2009, and a reference in subclause (4) to a specified immigration instruction-

(a)

is one to it as at 3 June 2019 and as published by the chief executive of the department responsible for the administration of that Act; and

(b)

includes a reference to any later immigration instruction that, with or without modification, replaces, or that corresponds to, it.

income, in relation to a person-

(a)

means assessable income within the meaning of section 108 of the Act:

(b)

does not include:

(i)

accommodation income; and

(ii)

38% of any amount received by the person, from a boarder, for board and lodgings at the premises at which the person resides unless that amount received is for any arrears or any payments that are income from a business carried on by the person

main benefit means a main benefit under this Act as defined in Schedule 2 of the Social Security Act 2018.

ordinarily resident in New Zealand, in relation to any person, does not include being unlawfully resident in New Zealand.

social housing means Kāinga Ora or community housing.

(Deleted)

suitability means whether a person and his or her household need to move from where the person is currently living having regard to-

(a)

any medical, disability, or personal needs of the person or a member of his or her household:

(b)

any threat to the health or safety of the person or a member of his or her household arising from family or other violence, relating to the person's current living situation

sustainability means the likelihood of a person being able to retain housing other than social housing, taking into account factors such as a person's money management skills and social skills, and history of transience.

weekly qualifying accommodation costs has the same meaning as in clause 7 of Part 7 of Schedule 4 of the Social Security Act 2018.