Social Security (Financial Assistance for Caregivers) Amendment Act 2021

1: Title
This Act is the Social Security (Financial Assistance for Caregivers) Amendment Act 2021.
2: Commencement
This Act comes into force on 1 July 2021
3: Principal Act
This Act amends the Social Security Act 2018 2021-07-01 Social Security Act 2018
1: Substantive and consequential amendments
4: Section 44 amended (Who is eligible caregiver)
1: In section 44(d) principal caregiver or principal temporary caregiver
2: Repeal section 44(e)
5: Section 47 amended (Who is eligible caregiver)
1: In section 47(d) principal caregiver or principal temporary caregiver
2: Repeal section 47(e)
6: Schedule 2 amended
In Schedule 2 principal temporary caregiver
a: has the primary responsibility for the day-to-day care of the child—
i: on a temporary basis; or
ii: for such an unknown or uncertain period that the person is not a principal caregiver; and
b: retains the primary responsibility for the day-to-day care of the child under paragraph (a)
c: is not a body of persons (whether incorporated or unincorporated); and
d: is not a proprietor of, or employed in,—
i: a residence established under the Oranga Tamariki Act 1989; or
ii: any other institution in which the child is being cared for temporary OB or UCB caregiver
a: is the principal temporary caregiver of the child; and
b: is entitled to and receiving an orphan’s benefit or an unsupported child’s benefit for the child (including under section 329(b))
7: Schedule 4 amended
1: In Schedule 4, Part 4 The following table is small in size and contains 2 columns. The columns have no headings. Allowances 3 The following allowances in respect of the child: (a) on and after 1 July 2018, a clothing allowance; and (b) on and after 1 December 2021 (c) on and after 1 December 2021 2022 4 The allowances are in the same amount or at the same rate as the rates of payment determined under section 363(1) of the Oranga Tamariki Act 1989 for— (a) any clothing allowance: (b) any Christmas allowance (or any subsequent annual holiday allowance): (c) any birthday allowance. 5 The allowances are in addition to the applicable rate in clause 1. When caregiver is entitled to and paid holiday allowance 6 A person is entitled to the holiday allowance if the person is entitled to the orphan’s benefit for the child on 25 December. 7 The holiday allowance is payable before 25 December to a person whom MSD expects to be entitled to that allowance. 8 Payment of the holiday allowance before 25 December is subject to the condition that the person is liable to repay the whole of the allowance if the person is not entitled to the allowance on 25 December. When caregiver is entitled to and paid birthday allowance 9 A person is entitled to the birthday allowance if the person is entitled to the orphan’s benefit for the child on the entitlement date. 10 The entitlement date for the birthday allowance is the date of the child’s birthday. 11 However, 1 March is the entitlement date for a birthday that occurs, or would otherwise occur, on 29 February. 12 The birthday allowance is payable before the entitlement date to a person whom MSD expects to be entitled to that allowance. 13 Payment of the birthday allowance before the entitlement date is subject to the condition that the person is liable to repay the whole of the allowance if the person is not entitled to the allowance on that date. Effect of section 329 14 For the purposes of this Part, a person is considered to be entitled to the orphan’s benefit for the child if the person is being paid that benefit for the child under section 329(b).
2: In Schedule 4, Part 5 The following table is small in size and contains 2 columns. The columns have no headings. Allowances 3 The following allowances in respect of the child: (a) on and after 1 July 2018, a clothing allowance; and (b) on and after 1 December 2021 (c) on and after 1 December 2021 2022 4 The allowances are in the same amount or at the same rate as the rates of payment determined under section 363(1) of the Oranga Tamariki Act 1989 for— (a) any clothing allowance: (b) any Christmas allowance (or any subsequent annual holiday allowance): (c) any birthday allowance. 5 The allowances are in addition to the applicable rate in clause 1. When caregiver is entitled to and paid holiday allowance 6 A person is entitled to the holiday allowance if the person is entitled to the unsupported child’s benefit for the child on 25 December. 7 The holiday allowance is payable before 25 December to a person whom MSD expects to be entitled to that allowance. 8 Payment of the holiday allowance before 25 December is subject to the condition that the person is liable to repay the whole of the allowance if the person is not entitled to the allowance on 25 December. When caregiver is entitled to and paid birthday allowance 9 A person is entitled to the birthday allowance if the person is entitled to the unsupported child’s benefit for the child on the entitlement date. 10 The entitlement date for the birthday allowance is the date of the child’s birthday. 11 However, 1 March is the entitlement date for a birthday that occurs, or would otherwise occur, on 29 February. 12 The birthday allowance is payable before the entitlement date to a person whom MSD expects to be entitled to that allowance. 13 Payment of the birthday allowance before the entitlement date is subject to the condition that the person is liable to repay the whole of the allowance if the person is not entitled to the allowance on that date. Effect of section 329 14 For the purposes of this Part, a person is considered to be entitled to the unsupported child’s benefit for the child if the person is being paid that benefit for the child under section 329(b).
8: Further amendments in relation to temporary OB or UCB caregiver
Amend the principal Act as set out in Part 1 Amendments to Social Security Regulations 2018
9: Principal regulations
Sections 10 to 13 Social Security Regulations 2018 2021-07-01 Social Security Regulations 2018
10: Regulation 20 amended (Interpretation)
1: In regulation 20(1) total income caregiver caregiver; but
2: In regulation 20(1) total income
d: does not include the following allowances under Part 4 or 5 of Schedule 4 of the Act:
i: a clothing allowance received by the caregiver on or after 1 July 2018; or
ii: a holiday allowance or birthday allowance received by the caregiver on or after 1 December 2021
11: Regulation 206 amended (Debts due to the Crown)
In the list of examples after regulation 206(b) An amount repayable under clause 8 An amount repayable under clause 13
12: Schedule 8 amended
In Schedule 8 The following table is small in size and has 4 columns. The table amends Schedule 8 of the Social Security Regulations 2018 and should be read with that table to provide understanding of the context. 9 A clothing, holiday, and birthday allowance to which Part 4 or 5 of Schedule 4 of the Act applies Not chargeable income for the person to whom the payment was made
13: Further amendments to principal regulations in relation to temporary OB or UCB caregiver
Amend the principal regulations as set out in Part 2
2: Transitional, savings, and related provisions
14: Schedule 1 amended
In Schedule 1
a: insert the Part set out in Schedule 1
b: make all necessary consequential amendments. 2021-07-01 Social Security Act 2018 Amendment to Social Security Regulations 2018
15: Principal regulations
Section 16 Social Security Regulations 2018 2021-07-01 Social Security Regulations 2018
16: Schedule 1 amended
In Schedule 1
a: insert the Part set out in Schedule 2
b: make all necessary consequential amendments.