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Child Allowance Act 1995

NIUE LAWS
LEGISLATION AS AT DECEMBER 2006

CHILD ALLOWANCE ACT 1995

1995/203 – 1 January 1996

1 Short title

2 Interpretation

3 Payment out of Government Account

4 Amount and payment date

5 Qualifying child

6 Disabled/disadvantaged persons

7 Residence qualifications

8 Exemptions

9 Period allowance is payable

10 Person allowance is payable to

11 Application of child allowance

12 Applying for allowance

13 Investigation of applications

14 Recovery of allowance

15 Offences

16 Proceedings for offences

17 Delegation of powers of Director

18 Regulations

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1 Short title

This is the Child Allowance Act 1995.

2 Interpretation

In this Act –

"applicant" means the person who makes an application for a child allowance;

"application" means a form filled out by the applicant when applying for
a child allowance;

"beneficiary" means a person who receives a child allowance in that year; "Director" means the Director of Community Affairs;

"qualifying child" means a child who meets the criteria under section 5 and includes a stepchild, an adopted child and any child who, if not a member of the applicant’s family is recognised by the Director as a member of the applicant’s family;

"recognised school" means a school that is recognised and approved by the Director for the purposes of this Act;

"Welfare Committee" means the committee constituted under section 5 of the Pensions and Benefits Act 1991.

3 Payment out of Government Account

Child allowance payable under this Act shall be paid from the Niue Government Account out of money appropriated by the Niue Assembly for the purpose.

4 Amount and payment date

(1) The rate of child allowance payable shall be such amount as may be determined by Cabinet to regulations made under this Act, such amount to be paid out to a qualifying person as defined in section 10 for each qualifying child as defined in section 7.

(2) No child allowance shall be payable in respect of any period before the first payment date pursuant to subclause (1).

5 Qualifying child

(1) A qualifying child shall be a child who qualifies on a residence basis as set out in section 7 and who is –

(a) Either a Niuean by descent;

(b) A permanent resident of Niue; or

(c) A New Zealand citizen.

(2) A qualifying child may apply for a child allowance who, at the time of application –

(a) Is ordinarily resident in Niue;

(b) Is not married;

(c) Is financially dependent; and

(d) Is attending a recognised school in Niue.

6 Disabled/disadvantaged persons

(1) Notwithstanding section 5 a disabled/disadvantaged person, who is not required or is unable to attend school shall be eligible for child allowance up to the age of 18 years.

(2) The Director on advice of the Welfare Committee shall have sole discretion to determine whether any child comes within the definition of disabled/ disadvantaged to such an extent as to qualify for the exemptions referred to herein.

7 Residence qualifications

Subject to section 8 an applicant and/or the child the subject of the application who has been absent from Niue for a continuous period of more than 12 months immediately preceding the application shall not be eligible for child allowance until a period of 6 months has elapsed since returning to Niue.

8 Exemptions

(1) Any person being the child of an Award Holder who as a direct consequence of being overseas in the years immediately preceding application cannot fulfil the residence requirement in section 7 shall not be required to complete such requirement before being eligible to become a qualifying child.

(2) For the purposes of this section an "Award Holder" is a person who has taken up study or training overseas which will be of benefit to the Award Holder and Niue’s development.

9 Period allowance is payable

(1) Child allowance payable in respect of a qualifying child shall, subject to this Act, commence on the day the application is approved by the Director and shall continue until the day on which the child leaves a recognised school.

(2) No allowance shall be payable in respect of any period before the date of coming into force of this Act or its Regulation.

(3) If an application is received by the Director after the closing date as determined by the Director, the allowance shall not commence until the following year.

(4) (a) It is the responsibility of the qualifying person to inform the Director in writing of any intended absence from Niue, of the child or themselves.

(b) Failure to inform the Director in writing will result in the loss of future allowances.

10 Person allowance is payable to

(1) A qualifying person shall be a parent or guardian whose application for child allowance has been granted by the Director.

(2) Unless otherwise provided, child allowance shall be payable only to the mother of a qualifying child (whether application for the allowance has been made by the mother or father or another person).

(3) The child allowance may be paid to the father of that child, if

(a) The mother of the child has passed away, or has left permanently for overseas, or has left the family permanently without the child; and

(b) The child is living with the father and under his care and control.

(4) In any other case the Director may determine that the child allowance shall be paid to any person who has care and control of the child.

(5) No child allowance shall be payable to any applicant if another allowance is being paid in another country or received from overseas for that child.

11 Application of child allowance

(1) Money received by way of child allowance shall be used towards the maintenance, education, or welfare of the child or children in respect of whom it is paid, with a sum allocated by Cabinet under regulation, for assisting the school committee at the school the child attends.

(2) (a) The Director may refuse to grant an allowance or may terminate or suspend an allowance if the Director is satisfied that the allowance will not be or has not been properly applied.

(b) Any person aggrieved by a decision of the Director made pursuant to this section may appeal to the Court for a ruling.

(3) A child allowance cannot be used as collateral or for guaranteeing a loan.

12 Applying for allowance

An application for a child allowance shall be on an approved application form and addressed to the Director and shall be by way of statutory declaration in such form with such information and evidence as the Director may determine.

13 Investigation of applications

(1) Every application shall be investigated by the Director, who shall decide as to whether the allowance is payable and if so, to whom.

(2) It shall be the duty of every person to answer all questions put by the Director concerning any application for a child allowance, or concerning any statements contained in any application for a child allowance.

(3) For the purpose of ascertaining the child’s enrolment and attendance the Director shall have access to the child’s school attendance records when required.

14 Recovery of allowance

(1) If any allowance is procured or paid by fraud or false information, the amount so paid may be recovered from the qualifying person as a debt due to the Crown.

(2) The Director may make any necessary adjustments in any future allowance or any other benefit or allowance (whether payable under this or any other enactment) thereafter becoming payable to the qualifying person.

15 Offences

Every person who –

(a) Makes any statement knowing it to be false in any material particular;

(b) Wilfully does or says anything or omits to do or says anything for the purpose of misleading or attempting to mislead any officer concerned in the administration of this Act or any other person whomsoever for the purpose of obtaining (for himself or any other person) or which results in himself or any other person obtaining any allowance under this Act;

(c) Demands or accepts from any applicant or from any other person any fee or other consideration for procuring or endeavouring to procure any allowance under this Act for that child,

commits an offence and shall be liable on conviction to imprisonment for a term not exceeding 2 months, or to a fine not exceeding 2 penalty units or to both such imprisonment and fine.

16 Proceedings for offences

(1) Notwithstanding any other enactment, an information for an offence against this Act may be laid at any time within 5 years after the facts alleged in the information have been brought to the knowledge of any person concerned in the administration of this Act.

(2) Every information relating to an offence may, notwithstanding any other enactment, be heard and determined before the Court.

17 Delegation of powers of Director

(1) The Director may either generally or particularly, delegate to another officer of the Department such of his powers under this Act or its regulations as the Director may determine.

(2) Subject to this section and to any general or special directions given or conditions attached by the Director, the officer to whom any powers are delegated under this section may exercise those powers in the same manner and with the same effect as if they had been conferred on him directly by this section and not by delegation.

18 Regulations

Cabinet may make all necessary regulations to carry out the provisions of this Act.