Clause 3. Definitions

3

Definitions

3.1

In this programme, unless the context otherwise requires,-

52 week period, in relation to a Payment means the 52 weeks immediately preceding the date of application for it:

Act means the Social Security Act 2018:

applicable payment means any of the following:

(a)

an advance payment of instalments of a benefit under section 347 of the Act:

(b)

a grant under the Special Needs Grants Programme established and approved under section 124(1)(d) of the Social Security Act 1964 (as continued by clause 21 of Schedule 1 of the Act) on 18 December 1998 (excluding a grant under any of Parts 5, 6, and 6A):

(c)

a payment under this programme (excluding a payment under Part 3A)

applicant means a non-beneficiary who applies for a payment under this programme, or, as the case may require, on whose behalf an application for payment is made:

approved child restraint has the same meaning as in the Land Transport (Road User) Rule 2004 (and before 1 November 2013, as if the Land Transport (Road User) Amendment Rule (No 2) 2013 were in force.

budgeting activity means an activity referred to in clause 9.8 or, as the case requires, an activity referred to in clause 9.15 of the Special Needs Grants Programme or regulation 204 of the Social Security Regulations 2018

beneficiary has the meaning in regulation 17 of the Social Security Regulations 2018:

Canterbury earthquake means the earthquake that occurred on 4 September 2010 in Canterbury, and includes all of its aftershocks

cash assets, in relation to any person, means assets of that person and his or her Spouse or partner (if any) that can be readily converted into cash and include-

(a)

shares, stocks, debentures, bonus bonds, and other bonds;

(b)

bank accounts, including fixed and term deposits with any bank, friendly society, credit union, or building society;

(c)

money invested with or lent to any bank or other financial institution or other person;

(d)

the equity held in any property or land not used as the person's home;

(e)

building society shares;

(f)

mortgage investments and other long term loans;

(g)

bills of exchange or promissory notes; and

(h)

the person's share in any partnership:

but do not include-

(i)

the motor vehicle principally used by the person for his or her personal use;

(j)

a caravan, boat, or other vehicle-

(i)

the net equity in which is less than $2,000; or

(ii)

which is used by the person or a member of his or her Immediate Family for day to day accommodation; or

(k)

the personal effects of the person and his or her Spouse or partner (if any):

(l)

any payment or item declared not to be cash assets by Part 1 of Schedule 8 of the Social Security Regulations 2018;

(m)

money the person has been required to contribute in lieu of rent and held to the credit of the person by a provider contracted by the department to provide short-term accommodation to the person and his or her household under the Government's short-term housing response scheme in Christchurch.

debt balance, in relation to a person, means the outstanding amounts that may be recovered from the person under the Act:

dependent child in relation to an applicant, has the same meaning as in Schedule 2 of the Act, and also means-

(a)

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

(b)

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

driver licence means either a learner licence, restricted licence or full licence, issued under the Land Transport (Driver Licensing) Rule 1999, but excludes any endorsement:

health agency means any of-

(a)

the Minister of Health;

(b)

the Ministry of Health;

(c)

a District Health Board or other agency under the New Zealand Public Health and Disability Act 2000;

(d)

the Accident Compensation Corporation or an accredited employer (within the meaning of the Accident Compensation Act 2001) or an insurer within the meaning of the Accident Insurance Act 1998; or

(e)

the general manager (within the meaning of the Veterans' Support Act 2014) in respect of any subsidy for disability services under that Act.

immediate family, in relation to a person, means-

(a)

in the case of a person who is in a relationship, that person, his or her spouse or partner, and each dependent child; and

(b)

in the case of a Sole Parent, that person and each Dependent Child; and

(c)

in the case of a Dependent Child, the Child, his or her Parent, and each other Dependent Child of the Parent:

immediate needs means all of the Applicant's essential needs, including-

(a)

the Applicant's Particular Immediate Need; and

(b)

his or her ability to meet the regular and ongoing essential living expenses of himself or herself and those of his or her Spouse or partner (if any) and any Dependent Child:

(revoked)

MSD has the same meaning as in Schedule 2 of the Act

non-beneficiary means a person who is not a beneficiary:

parent, in relation to a Child and other than in the term "Sole Parent", means-

(a)

if the Child is in the custody or care of both the Child's parents, those parents; or

(b)

if the Child is in the custody or care of only one parent, that parent; or

(c)

if the Child is not in the custody or care of either the Child's parents, the Principal Caregiver or temporary OB or UCB caregiver of the Child; or

(d)

in a case of joint custody, in deciding whether paragraph (a) or paragraph (b) of this definition applies and which of the Child's parents ought to be considered as the Child's Parent, MSD may have regard to the provisions of section 196 of the Act:

particular immediate need means a particular and immediate need for an essential item or service:

payment means a recoverable assistance payment under this programme.

preferred supplier means a person, body, or organisation with whom MSD has, under section 366 of the Act, contracted for the supply of goods and services for purchase by beneficiaries or other persons.

specified period, in relation to an application for a grant, means-

(a)

a period that starts on 27 September 2010 and ends on the date on which the application is made, if that period is less than 12 months; or

(b)

the preceding period of 12 months that ends on the date on which the application is made, if that date is 12 months or more after 27 September 2010

subsidy, in relation to a health agency, includes a payment, contribution, or other financial assistance provided by that agency.

supported living payment means a supported living payment under section 34 of the Act

3.2

Where in this programme (other than in any heading) a word begins with a capital letter, or the words of a phrase begin with capital letters, that word or phrase-

(a)

if defined in clause 3.1, has the meaning set out in that clause; and

(b)

if defined in Schedule 2 of the Act, has the meaning set out in that section.