Social Security (Temporary Additional Support—North Island Weather Events TAA Programme) Amendment Regulations 2023
2023/208
Social Security (Temporary Additional Support—North Island Weather Events TAA Programme) Amendment Regulations 2023
Cindy Kiro, Governor-General
Order in Council
At Wellington this 28th day of August 2023
Present:
Her Excellency the Governor-General in Council
These regulations are made under section 428 of the Social Security Act 2018 on the advice and with the consent of the Executive Council.
Regulations
1 Title
These regulations are the Social Security (Temporary Additional Support—North Island Weather Events TAA Programme) Amendment Regulations 2023.
2 Commencement
These regulations come into force on 4 September 2023.
3 Principal regulations
These regulations amend the Social Security Regulations 2018.
4 Regulation 57 amended (Interpretation)
(1)
In regulation 57, revoke the definitions of Canterbury earthquake, Canterbury earthquake-related temporary accommodation costs, and Canterbury Earthquake TAA Programme.
(2)
In regulation 57, insert in their appropriate alphabetical order:
North Island weather events means either or both of the following weather events:
(a)
heavy rainfall commencing on 26 January 2023 and ending on 3 February 2023 in the Northland, Auckland, Waikato, and Bay of Plenty regions:
(b)
Cyclone Gabrielle, which crossed the North Island during the period commencing on 12 February 2023 and ending on 16 February 2023
North Island weather events-related temporary accommodation costs, for a person, means any temporary accommodation costs of the person if—
(a)
the person is eligible for assistance under the North Island Weather Events TAA Programme; and
(b)
the person is granted (or the person has applied for, and MSD has not yet declined to grant them) assistance under that programme
North Island Weather Events TAA Programme means the Temporary Accommodation Assistance (North Island Weather Events) Programme approved and established by the Minister under section 101(1) of the Act
temporary accommodation costs, of a person, means rent payable by the person in relation to a tenancy agreement under the Residential Tenancies Act 1986 in respect of premises—
(a)
occupied by the person and by any members of the person’s family who usually reside with the person; and
(b)
occupied by them because premises owned by the person, and that the person usually occupied as their home at the time of the North Island weather events, were made uninhabitable by those events
5 Regulation 69 amended (Chargeable income)
(1)
In regulation 69(5), after “(and”
, insert “approved and established under section 101(1) of the Act or, as the case requires,”
.
(2)
Revoke regulation 69(5)(e).
(3)
After regulation 69(5)(j), insert:
(k)
the North Island Weather Events TAA Programme.
6 Regulation 71 amended (Allowable costs)
Replace regulation 71(5)(a)(ii) and (iii) with:
(ii)
any North Island weather events-related temporary accommodation costs of the person (even if those costs exceed the rate of, or are paid or incurred after the end of, or are otherwise not met or not to be met by, assistance under the North Island Weather Events TAA Programme that has been or may be granted to the person); and
7 Schedule 1 amended
In Schedule 1,—
(a)
insert the Part set out in the Schedule of these regulations as the last Part; and
(b)
make all necessary consequential amendments.
Schedule New Part 10 inserted into Schedule 1
Part 10 Provisions relating to Social Security (Temporary Additional Support—North Island Weather Events TAA Programme) Amendment Regulations 2023
16 Application of amendments
(1)
In this clause,—
amendment regulations means the Social Security (Temporary Additional Support—North Island Weather Events TAA Programme) Amendment Regulations 2023
amendments means the amendments made to these regulations by the amendment regulations.
(2)
The amendments apply only to—
(a)
temporary additional support granted before, and payable on or after, the commencement of the amendment regulations (for example, after a recalculation under regulation 65 of the amount of support); and
(b)
temporary additional support granted after the commencement of the amendment regulations.
Rachel Hayward,
Clerk of the Executive Council.
Explanatory note
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 4 September 2023, amend the Social Security Regulations 2018. The amendments—
ensure that a person’s chargeable income, for temporary additional support, excludes any payments under the Temporary Accommodation Assistance (North Island Weather Events) Programme approved and established by the Minister under section 101(1) of the Social Security Act 2018; and
ensure that a person’s allowable costs, for temporary additional support, exclude any North Island weather events-related temporary accommodation costs if—
the person is eligible for assistance under that programme; and
the person is granted (or the person has applied for, and MSD has not yet declined to grant them) assistance under that programme; and
revoke similar, now spent, provisions related to Canterbury Earthquake temporary accommodation assistance (under the Temporary Accommodation Assistance (Canterbury Earthquake) Programme) and Canterbury earthquake-related temporary accommodation costs.
Date of notification in Gazette: 31 August 2023.
These regulations are administered by the Ministry of Social Development.