Clause 6. Employment or work readiness assistance: eligibility

6

Employment or work readiness assistance: eligibility

(1)

For the purposes of this programme, MSD may, in its absolute discretion and subject to such conditions as MSD thinks fit, grant to an applicant to whom this clause applies employment or work-readiness assistance of any 1 or more of the kinds specified in the Schedule.

(2)

Subclause (1) is subject to subclauses (4) and (5), clause 7, the matters set out in clause 8, and clause 9.

(2A)

In the exercise of the discretion under subclause (1), MSD may from time to time-

(a)

promulgate guidelines not inconsistent with this programme for MSD employees exercising delegated authority for the purpose of targeting assistance or assistance of a specified kind towards eligible people or specified cohorts of eligible people MSD considers most at risk of long-term benefit receipt, including the specification of eligibility criteria for that purpose; and

(b)

establish and conduct pilot schemes to provide specified kinds of assistance to specified cohorts of eligible people for the purpose of evaluating their effectiveness in achieving the purpose of this programme, including the specification of eligibility criteria for the schemes; and

(c)

not provide or discontinue the provision of any specified kind of assistance that, after evaluation, MSD considers is not effective to achieve the purpose of this programme.

(2B)

A condition imposed under subclause (1) may include a condition that the assistance granted is recoverable in one or more specified circumstances, and in any of those circumstances the assistance is recoverable accordingly and is a debt due to the Crown for the purposes of regulation 206(d)(ii) of the Social Security Regulations 2018.

(3)

This clause applies to any person who-

(a)

is a young person or of working-age; and

(b)

is either-

(i)

a New Zealand citizen or is a person who holds or is deemed to hold a residence class visa under the Immigration Act 2009 that permits the holder to work in New Zealand; or

(ii)

a person recognised as a refugee or protected person under that Act; or

(iii)

a person holding a temporary class visa under that Act that permits the person to work in New Zealand and who is-

(A)

awaiting the outcome of his or her claim for recognition as a refugee or a protected person (within the meaning of that Act); or

(B)

a person applying for a residence class visa under that Act who is compelled to remain in New Zealand because of unforeseen circumstances; and

(c)

is any of the following:

(i)

a beneficiary (A) receiving (or who has been granted subject to a stand down period) a main benefit under the Act or the spouse or partner of A:

(ia)

a person who has applied for and been assessed as eligible for a main benefit under the Act:

(ii)

a person formerly receiving a main benefit under the Act whose benefit was terminated because that person entered employment:

(iii)

a person granted a supported living payment under the Act on the ground of sickness, injury, or disability who is not for the time being receiving that benefit because he or she is undertaking open employment for a period agreed with MSD under section 39 of the Act:

(iv)

a person to whom section 184 of the Act and subpart 1 of Part 4 of the Social Security regulations 2018 (pre-benefit activities) apply at any time before a main benefit under the Act becomes payable to that person or his or her spouse or partner:

(v)

a person who has contacted MSD or a contracted service provider seeking assistance to obtain or retain employment:

(vi)

an applicant for a supported living payment under section 34 of the Act on the ground of sickness, injury, disability, or total blindness.

(vii)

a person who is receiving New Zealand superannuation or a veteran's pension as a non-qualified spouse or partner.

(3A)

This clause also applies to a person with a health condition, injury, or disability who-

(a)

has attained the age of 65 and is residentially qualified to receive New Zealand superannuation; and

(b)

has before attaining that age been granted employment or work readiness assistance to facilitate the person's transition into, and retention of, sustainable employment; and

(c)

MSD is satisfied requires continuing assistance to retain the same employment.

(4)

However, employment or work readiness assistance of a particular kind specified in the Schedule must not be granted under subclause (1) unless the applicant meets any other eligibility criteria specified in the Schedule relating to that kind of assistance.

(5)

Employment or work readiness assistance must not be granted in respect of any employment, self-employment, educational or employment-related training course, work readiness activity, or services located or provided outside New Zealand.

(6)

Any employment and work readiness assistance granted to a person to whom subclause (3A) applies must be only assistance of the kind specified in clause 7 of the Schedule and only for the purpose of helping that person retain the employment he or she received assistance to transition into before attaining age 65.