Clause 15E. Victims of people trafficking

15E

Victims of people trafficking

15E.1

This clause applies to an applicant who is in New Zealand as a victim of people trafficking.

15E.2

MSD may, in its discretion, and subject to any conditions MSD thinks fit to impose, make non-recoverable weekly grants to an applicant to whom clause 15E.1 applies if satisfied that the applicant and his or her family (if any) are in hardship.

15E.3

Grants under clause 15E.2 may be made commencing not earlier than the date of application for the grant until the earliest of the following events:

(a)

the applicant is lawfully able to work in New Zealand and obtains employment suitable and sufficient to support himself or herself and his or her family (if any):

(b)

the applicant is granted a residence class visa under the Immigration Act 2009:

(c)

the applicant leaves New Zealand.

15E.4

the amount of a weekly grant under clause 15E.2 is in the discretion of MSD but must not exceed the amount of benefit that would be payable to the applicant if the applicant were granted an emergency benefit and accommodation supplement under the Act.

15E.5

Clause 6 does not apply to grants under clause 15E.2 and clause 4 has effect in regard to an applicant to whom clause 15E.1 applies as if it did not include reference to section 19.

15E.6

In this clause and clauses 15E.1 to 15E.5,-

constable has the same meaning as in the Policing Act 2008

family, in relation to a victim of people trafficking, means his or her spouse or partner and any dependent children who reside with him or her (being in each case a spouse or partner or children who is also a victim of people trafficking)

victim of people trafficking means a person-

(a)

whom a constable believes, after investigation, is a victim of an offence under section 98D of the Crimes Act 1961 whether or not any person has been charged with or convicted of an offence under that section; and

(b)

in respect of whom the constable has given a certificate as to that belief.

Definitions employment, MSD, partner, spouse, Social Security Act 2018, Schedule 2