Clause 3. Definitions

3

Definitions

3.1

In this programme, unless the context otherwise requires,-

"52 Week Period", in relation to a Grant, means the 52 weeks immediately preceding the date of application for the Grant;

Accident Compensation Corporation means the Corporation continued by section 259(1) of the Accident Compensation Act 2001

accredited employer has the same meaning as in section 181 of the Accident Compensation Act 2001

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 this programme (excluding a grant under any of Parts 5, and 6 and):

(c)

a payment under the Recoverable Assistance Programme established and approved under section 124(1)(d) of the Social Security Act 1964 (and saved by clause 21 of Schedule 1 of the Act) on 15 February 1999 (excluding payment under Part 3A)

applicant means the person applying for a Grant under this programme, or, as the case may require, the person on whose behalf an application for a Grant is made;

approved organisation means any of the following organisations for the time being approved under section 396 of the Oranga Tamariki Act 1989, namely a Cultural Social Service, an Iwi Social Service, or a Child and Family Support Service

budgeting activity means an activity referred to in clause 9.15 or, as the case requires, an activity referred to in clause 9.8 of the Recoverable Assistance Programme or regulation 204 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

care, in relation to care of a person under the Oranga Tamariki Act 1989, means being in the care, custody, or guardianship of the chief executive of the responsible department or an approved organisation under that Act and not living with a parent or guardian or person otherwise having the care of the person

cash assets, in relation to any person, means (except in clause 18.4) 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 net 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;

(h)

the Applicant's share in any partnership;

but do not include-

(i)

the motor vehicle principally used by the Applicant 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;

(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.

(revoked)

dentist has the same meaning as in regulation 3 of the Social Security Regulations 2018

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.

district has the meaning in clause 18.5;

District Health Board means a District Health Board established under section 19 of the New Zealand Public Health and Disability Act 2000

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:

emergency housing has the same meaning as in clause 4 of the Emergency Housing Grants Programme.

(revoked)

(revoked)

(revoked)

(revoked)

farmer has the meaning in clause 18.5;

food grant means a grant under clause 11.2.1;

former programme has the meaning in clause 22.1;

(revoked)

grant means a special needs grant under this programme;

Health Agency means any of:

(a)

the Minister of Health;

(b)

the Ministry of Health;

(c)

a Health New Zealand;

(d)

(revoked)

(da)

a person or provider providing services funded in accordance with the New Zealand Health Plan under section 50 of the Pae Ora (Healthy Futures) Act 2022;

(e)

the Accident Compensation Corporation;

(f)

an insurer within the meaning of the Accident Insurance Act 1998;

(g)

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

(h)

the Māori Health Authority.

immediate family, in relation to a person, means-

(a)

in the case of a person who is in a relationship, that person and his or her spouse or partner and their dependent children (if any); and

(b)

in the case of a sole parent, means that person and his or her dependent children; and

(c)

in the case of a dependent child, means the child and his or her Parent and any other dependent children of that Parent;

income means income within the meaning of Part 2 of Schedule 3 of the Act modified in accordance with clause 7.2 or clause 18.5;

(revoked)

(revoked)

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

non-entitlement period means a period of 13 weeks when a person is not entitled to a benefit or part of a benefit under sections 225 to 229, or 238 of the Act;

nurse practitioner has the same meaning as in regulation 3(1) of the Social Security Regulations 2018

parent, in relation to a dependent child (except in clause 15C), means-

(a)

if the child is in the custody or care of both of 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 of the child's Parents, the principal caregiver or temporary OB or UCB caregiver of the child,

and 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 sections 195 and 196 of the Act to assign responsibility for the care of the child to one or other of the child's Parents;

pharmac means the Pharmaceutical Management Agency established by section 46 of the New Zealand Public Health and Disability Act 2000

protected person has the meaning in clause 15.1.4

refugee has the meaning in clause 15.1.4;

region has the meaning in clause 18.5;

responsible department means the department for the time being responsible for administration of the Oranga Tamariki Act 1989

secondary health service" has the meaning in clause 11.4.6.5;

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.

stand down means a stand down period under section 316 of the Act.

(revoked)

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

Transition from Care to Independence Initiative or Initiative means the programme of that name operated by the responsible department.

weekly income has the same meaning as in Part 2 of Schedule 3 of the Act (and includes weekly income calculated under clause 13 and Part 3A of Schedule 3 of the Act)

3.2

Expressions otherwise defined in Schedule 2 of the Act are to have the meanings so defined unless the context otherwise requires.

Definitions child, MSD, partner, principal caregiver, sole parent, spouse, temporary OB or UCB caregiver Social Security Act 2018, Schedule 2