Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698751011570.pdf (New Zealand)
2008/347 Social Security (Income and Cash Assets Exemptions: Ex Gratia and Compensation Payments Made by the Crown) Regulations 2008 Anand Satyanand, Governor­General Order in Council At Wellington this 29th day of September 2008 Present: His Excellency the Governor­General in Council Pursuant to section 132 of the Social Security Act 1964, His Excel­ lency the Governor­General, acting on the advice and with the con­ sent of the Executive Council, makes the following regulations.
Contents Title Commencement Interpretation Application Speciﬁed item and income declared not to be income Speciﬁed item declared not to be cash assets Page 2 2 2 3 3 3 1 Social Security (Income and Cash Assets Exemptions: Ex Gratia and Compensation Payments Made by the Crown) Regulations 2008 2008/347 Regulations Title These regulations are the Social Security (Income and Cash Assets Exemptions: Ex Gratia and Compensation Payments Made by the Crown) Regulations 2008.
Commencement These regulations come into force on 3 November 2008.
Interpretation In these regulations, unless the context otherwise requires,— Act means the Social Security Act 1964 compensation— (a) means a payment made— (i) (ii) in satisfaction of a judgment or order of any court or an award of any tribunal, but not including an award of costs; or the Crown in settlement of a claim against (whether or not that claim has been formally ﬁled in a court or tribunal); and (b) does not include a payment made pursuant to— (i) (ii) an employment relationship; or a contract to provide goods or services economic loss means loss that is of a pecuniary nature, for example, lost wages ex gratia payment means a payment made without an ac­ knowledgment of legal liability harm— (a) means illness, injury, or both; and (b) physical harm; and includes— (i) (ii) mental harm; and (iii) humiliation, loss of dignity, and injury to the feel­ ings of the aggrieved person; but (c) does not include— (i) (ii) economic loss; or loss or reduction of property; or r 1 1 2 3 2 2008/347 Social Security (Income and Cash Assets Exemptions: Ex Gratia and Compensation Payments Made by the Crown) Regulations 2008 r 6 (iii) loss of any beneﬁt, whether or not of a monetary kind, that the aggrieved person might reasonably have been expected to obtain; or loss of employment or loss of ofﬁce property has the meaning given to it by section 4 of the Prop­ erty Law Act 2007.
(iv) 4 5 Application The exemptions in regulations 5 and 6 apply only for the ﬁrst 12 months after the payment is made.
Speciﬁed item and income declared not to be income The following are declared not to be the income of a person for the purpose of paragraph (f)(xvii) of the deﬁnition of income in section 3 of the Act: (a) any compensation or ex gratia payment— (i) (ii) made in recognition of harm, or in respect of a made by the Crown to the person; and claim of harm; and (b) any amount of income derived by the person from a payment referred to in paragraph (a).
6 (1) (2) Speciﬁed item declared not to be cash assets The item of cash assets speciﬁed in subclause (2) is not a per­ son’s cash assets for the purpose of paragraph (b) of the deﬁn­ ition of cash asset in section 61E of the Act.

The item of cash assets is any compensation or ex gratia pay­ ment— (a) made by the Crown to the person; and (b) made in recognition of harm, or in respect of a claim of harm.

Rebecca Kitteridge, Clerk of the Executive Council.
3 Explanatory note Social Security (Income and Cash Assets Exemptions: Ex Gratia and Compensation Payments Made by the Crown) Regulations 2008 2008/347 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 3 November 2008, are made under the Social Security Act 1964 (the Act).

They declare certain items of income or cash assets not to be a person’s income or cash assets for the purposes of the Act.
The exempted income and cash assets are compensation or ex gratia payments made to a person by the Crown in recognition of harm, or in respect of a claim of harm.

Income derived from such payments is also exempted.

Harm is deﬁned as illness, injury, or both, and as including physical harm, mental harm, humiliation, and injury to feelings.

Harm does not, however, include economic loss, loss of property, loss of future beneﬁts, or loss of employment.
The exemptions apply only in respect of the ﬁrst 12 months after the payment is made.
Such payments are also— • assets exempt from means assessment under Part 4 of the Act, because of the related exemption in regulation 10(1)(k) of the Social Security (Long­term Residential Care) Regulations 2005; and excluded from cash assets used in determining eligibility for temporary additional support, because of the related exclusion in regulation 8(3)(j) of the Social Security (Temporary Addi­ tional Support) Regulations 2005.
• Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notiﬁcation in Gazette: 2 October 2008.

These regulations are administered by the Ministry of Social Development.

12 4 Wellington, New Zealand: Published under the authority of the New Zealand Government—2008