1	Title
2	Commencement
3	Principal regulations
4	Regulation 2 amended (Interpretation)
5	Regulation 12 amended (Eligibility for certain allowances)
6	Schedule 1 amended
	Schedule New Part 6 inserted into Schedule 1
	Explanatory note
	Administrative Information

Regulations

1 Title

These regulations are the Student Allowances Amendment Regulations (No 2) 2022.

2 Commencement

These regulations come into force on 27 March 2022.

3 Principal regulations

These regulations amend the Student Allowances Regulations 1998.

4 Regulation 2 amended (Interpretation)

In regulation 2(1), definition of permanent resident, replace “or (iv)” with “(iv), (vii)(A), or (viii)”.

5 Regulation 12 amended (Eligibility for certain allowances)

(1)

After regulation 12(1)(a)(vi), insert:

(vii)

satisfies the chief executive that the student holds a temporary entry class visa and—

(A)

has been recognised under the Immigration Act 2009 as a person who is a refugee or protected person; or

(B)

is residing in New Zealand, is a specified family member of a person who has been recognised under the Immigration Act 2009 as a refugee or protected person, and is eligible to transition to a residence class visa with that person; or

(viii)

satisfies the chief executive that the student holds a residence class visa that was transitioned from a temporary entry class visa at the time when a family member recognised under the Immigration Act 2009 as a refugee or protected person was issued with a residence class visa; and

(2)

After regulation 12(4), insert:

(5)

In subsection (1)(a)(vii)(B),—

specified family member, in relation to a person who has been recognised under the Immigration Act 2009 as a refugee or protected person, means—

(a)

the husband or wife of that person:

(b)

the civil union partner of that person:

(c)

the de facto partner of that person:

(d)

a child of that person:

(e)

a parent or sibling of that person, if the person is a dependent child.

6 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 6 inserted into Schedule 1

r 6

Part 6 Provision relating to Student Allowances Amendment Regulations (No 2) 2022

6 Amendments apply only to study starting on or after 1 May 2022

(1)

This clause applies to the amendments to these regulations made by the Student Allowances Amendment Regulations (No 2) 2022.

(2)

The amendments apply only to study starting on or after 1 May 2022.

(3)

Subclause (2) applies even if the enrolment concerned was applied for or permitted, or both, before 1 May 2022.

Michael Webster,
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 27 March 2022, amend the Student Allowances Regulations 1998 (the principal regulations).

The amendments extend eligibility to receive allowances continued under regulation 3 of the principal regulations to any student commencing a course of study on or after 1 May 2022 who—

holds a temporary entry class visa and is recognised under the Immigration Act 2009 as a refugee or protected person:
holds a temporary entry class visa, is residing in New Zealand, is a specified family member of a person recognised under the Immigration Act 2009 as a refugee or protected person, and is eligible to transition to a residence class visa with that person:
holds a residence class visa that was transitioned from a temporary entry class visa when a family member recognised under the Immigration Act 2009 as a refugee or protected person was issued with a residence class visa.

The effect of the amendments is to afford to a student who has gained refugee or protected person status while living in New Zealand but who does not hold a residence class visa (and their immediate family) the same access to student support as a student (and their family) who entered New Zealand through the refugee quota process and was granted permanent residency prior to arrival in New Zealand.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 17 March 2022.

These regulations are administered by the Ministry of Social Development.

Student Allowances Amendment Regulations (No 2) 2022