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Social Security Act 2018

Other provisions - Regulations

428: Regulations: temporary additional support

You could also call this:

“Rules for getting extra money when you're struggling with living costs”

You can get temporary additional support if you need extra help with your living costs. The government can make rules about this support. These rules can:

  1. Set out who can get this help.

  2. Decide how much money you need for basic living costs. This amount might be different based on things like whether you get other benefits, if your partner is in New Zealand, and if you have children.

  3. Define what costs you can get help with.

  4. Explain what counts as income that you can use to pay your costs.

  5. Set how much extra support you can get. This might change based on your situation, like if you have a partner or children.

  6. Define what counts as cash assets and set limits on how much you can have. These limits might be different based on your situation.

  7. Set how long you can get this support for.

  8. Allow the support to be paid as one lump sum in some cases.

When working out if you can get this support, the government will look at your costs, cash, and income. They will also look at your partner’s if you have one.

The government can change the rules about what counts as cash assets. These changes can apply to your cash assets from a certain date, even if it’s before the new rule was made.

These rules are called secondary legislation, which means they have to be published in a certain way.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783998.

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Part 8 Other provisions
Regulations

428Regulations: temporary additional support

  1. The Governor-General may, by Order in Council, make regulations for the purposes of subpart 16 of Part 2.

  2. Regulations made under subsection (1) may (without limitation) do all or any of the following:

  3. prescribe or provide for the setting of eligibility criteria for receiving temporary additional support:
    1. prescribe amounts for standard living costs that must be met from chargeable income (standard costs), or 1 or more means of calculating amounts of standard costs, which may differ depending on whether—
      1. the applicant or the applicant’s spouse or partner, or both of them, is or are receiving any benefits or tax credits (and, if so, the kind and amount of them):
        1. the applicant’s spouse or partner is lawfully or unlawfully in New Zealand:
          1. the applicant has a spouse or partner, or the applicant has dependent children (and, if so, the number and ages of the applicant’s dependent children):
          2. define the kinds of costs that are allowable costs, including any limits on the extent to which any such costs are allowable costs:
            1. define the kinds of income, benefits, credits, and receipts that are chargeable income, and any limits on the extent to which any income, benefit, credit, or receipt of that kind is chargeable income:
              1. prescribe amounts of temporary additional support that may be granted or 1 or more means for calculating those amounts, which may differ depending on whether the applicant is in any prescribed circumstances (for example, whether the applicant has a dependent spouse or partner, a dependent child, or both):
                1. define the kinds of assets that are cash assets, including any limits on the extent to which any such assets are cash assets, and prescribe 1 or more cash asset limits, which may differ depending on whether the applicant is in any prescribed circumstances (for example, whether the applicant has a dependent spouse or partner, a dependent child, or both):
                  1. prescribe the period or periods for which temporary additional support may be granted:
                    1. authorise the payment of temporary additional support in a lump sum up to a specified maximum amount in any prescribed circumstances.

                      1. For the purposes of any calculation made under subpart 16 of Part 2 or any regulations made under subsection (1), the allowable costs, cash assets, and chargeable income of an applicant include the allowable costs, cash assets, and chargeable income of the applicant’s spouse or partner.

                      2. Regulations made under subsection (2)(f) that narrow (for example, exempt any specified item, amount, or kind, of cash assets from) the definition of cash assets have effect in respect of any cash assets specified in the regulations on and after a date that is—

                      3. a date that is specified in the regulations; and
                        1. a date before, on, or after the date on which the regulations are made.

                          1. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                          Compare
                          Notes
                          • Section 428(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).