Clause 9. Restriction on Payments

9

Restriction on Payments

9.1

Only one Grant may be paid to an Applicant or any other person for the same item or for the same or a similar purpose within a 52 Week Period, except where otherwise stated in this programme or if MSD considers exceptional circumstances exist.

9.2

An Applicant is not entitled to a Grant if another member of the Applicant's Immediate Family has received a Grant of the same type within a 52 Week Period unless the clause under which the application is made (or its context) otherwise provides.

9.3

If more than one Grant may be made under Clause 9.1, the maximum amount of each Grant is to be $200 unless otherwise stated.

9.4

A Grant must not exceed $200 (or any lesser amount stated in the clause under which the Grant is made) except where otherwise stated in this programme or if MSD considers exceptional circumstances exist.

9.4A

(revoked)

9.4B

If an applicant is eligible for a grant under clause 17, neither the applicant nor the applicant's spouse or partner is eligible for a grant under any other provision of this programme, other than under clause 15, unless-

(a)

the applicant has been granted, in respect of the period to which the application for the other grant relates, the maximum assistance available under that clause; and

(b)

by reason of the applicant's extreme hardship or other emergency situation (whether applying to the applicant or to the applicant's spouse or partner or dependent child), MSD considers the other grant should be made.

9.5

A recoverable Grant must not be made-

(a)

to a beneficiary in receipt of a main benefit under this Act (as defined in Schedule 2 of the Act), New Zealand superannuation, a veteran's pension or to the spouse or partner or dependent child of any such beneficiary; or

(b)

for a child for whom an orphan's benefit or an unsupported child's benefit is payable.

9.6

Despite clause 9.5, a recoverable Grant may be made to a beneficiary if that person qualifies for it under clause 17, or clause 17A.

9.7

A Grant under clause 11.4 or clause 11.9 or clauses 13.3 to 13.4 or clause 14 for medical, health, and disability related costs is to be made only in respect of that part of the fees or charges the Applicant is required to pay, after the deduction of-

(a)

any subsidy to which the Applicant may be entitled, including subsidies-

(i)

available to a holder of a Community Services Card;

(ii)

made available under the New Zealand Public Health and Disability Act 2000;

(iii)

provided by a Health Agency; and

(b)

any health or disability insurance payment to which the Applicant is entitled; and

(c)

any disability allowance paid under section 85 of the Act.

9.8

A Grant must not be made for medical, health, and disability related costs if a Health Agency provides, without cost to the Applicant, goods or services which meet the need.

9.9

If an applicant receives any health and disability services arising out of personal injury by accident, a Grant must not be made for any part of the fees or charges that is not paid by the Accident Compensation Corporation or an accredited employer or by an insurer (within the meaning of the Accident Insurance Act 1998) except-

(a)

where this programme otherwise provides; or

(b)

if the applicant satisfies MSD that he has no cover for that injury under the Accident Compensation Act 2001 or under any former Act (as that term is defined in section 6 that Act).

9.10

A Grant under Clause 11.3 may be made only to a person who-

(a)

is a beneficiary; or

(b)

would continue to be a beneficiary but for the cancellation or suspension of benefit upon the person taking up the position referred to in that clause.

9.11

An applicant is not entitled to a Grant if-

(a)

the rate of benefit being paid to the applicant is reduced (by half or to zero) under section 236 of the Act, or

(b)

a non-financial sanction that MSD imposed on the applicant, under sections 236A or 236B, has effect; or

(c)

the benefit being paid to the applicant is suspended under section 237 of the Act; or

(d)

the benefit being paid to the applicant is subject to section 239 of the Act.

9.12

Except in the case of an applicant who is receiving a youth support payment under the Act, MSD may, in the circumstances set out in clause 9.13, request an applicant for a grant under this programme (other than for a grant under any of Parts 5, and 6) or the applicant's spouse or partner (if any), or both, to undertake a budgeting activity.

9.13

The circumstances referred to in clause 9.12 are as follows:

(a)

the applicant has received 3 or more applicable payments within the specified period; or

(b)

paragraph (a) does not apply to the applicant, but MSD, after taking into account the following matters, considers that it would be beneficial for the applicant or the applicant's spouse or partner (if any), or both, to undertake a budgeting activity to better manage their finances:

(i)

the applicant has received repeated applicable payments for the same cost (whether the payments were received before or after 27 September 2010:

(ii)

the applicant's history of receiving multiple applicable payments (whether that history relates to a period before or after 27 September 2010):

(iii)

the amount of the applicant's debts that are due to the Crown (within the meaning of regulation 206 of the Social Security Regulations 2018) and whether that amount is materially significant to the management of the applicant's finances.

9.14

If 1 or more applicable payments are made to the applicant on the same day, those payments are to be counted as 1 applicable payment under clause 9.13.

9.15

The kinds of budgeting activities that MSD may request an applicant or the applicant's spouse or partner (if any), or both, to undertake are as follows:

(a)

completing a budgeting work sheet or a work sheet approved by MSD that sets out income against expenditure:

(b)

attending a budgeting course or seminar approved by MSD that teaches how to budget or to improve budgeting skills:

(c)

seeking assistance from a recognised budgeting advice service.

9.16

This clause applies in respect of an applicant if MSD is satisfied that-

(a)

the applicant or the applicant's spouse or partner has failed to take reasonable steps to reduce his or her costs or increase his or her income or better manage his or her finances; or

(b)

the applicant or the applicant's spouse or partner has failed to take all necessary steps to obtain any assistance towards his or her costs from any other source from which he or she may be entitled to assistance; or

(c)

the applicant or the applicant's spouse or partner has failed to comply with-

(i)

a request to undertake a budgeting activity under clause 9.12 of this programme or clause 9.5 of the Recoverable Assistance Programme; or

(ii)

a requirement to undertake a budgeting activity under section 348 of the Act.

9.17

If clause 9.16 applies, MSD may refuse to make a grant or any subsequent grant, to or in respect of the applicant.

9.18

In this clause, reasonable steps, in relation to better managing a person's finances, includes complying with a request or requirement to undertake a budgeting activity under clause 9.5 of the Recoverable Assistance Programme or under section 348 of the Act.

Definitions beneficiary, benefit, health or disability insurance payment, MSD, New Zealand superannuation, veteran's pension, Social Security Act 2018, Schedule 2