Home | Databases | WorldLII | Search | Feedback Niue Sessional Legislation

Child Allowance Act 1995

NIUE

CHILD ALLOWANCE ACT 1995

No.203

[Signed 31 January 1996]

ANALYSIS

1. Short Title and Commencement
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. Persons allowance is payable
11. Child Allowance expendable
12. Applying for allowance
13. Investigation of applications
14. Recovery of allowance
15. Offences
16. Proceeding for offences
17. Delegation of powers of Director
18. Regulations

_______________

AN ACT TO MAKE PROVISION FOR CHILD ALLOWANCE

Be it enacted by the Niue Assembly in Session assembled and by the authority of the same as follows:

1. Short Title and Commencement - (1) This Act may be cited as the Child Allowance Act 1995.

(2) This Act come into force on the 1st day of January 1996.

2. Interpretation - In this Act, unless the context otherwise requires.

“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;

“Qualifying child” includes a stepchild, an adopted child and any child who, though not a member of the applicant’s family is maintained as a member of that family:

“Director” means the Director of Community Affairs:

“Beneficiary” means a person who receives a Child Allowance in that year.

“Welfare Committee” means the committee constituted pursuant to 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 from to time be determined by Cabinet pursuant to regulations made hereunder such amount to be paid out to a qualifying person as defined in Section 10 herein for each qualifying child as defined in Section 7 herein.

(2) No Child Allowance shall be payable in respect of any period before the first payment date pursuant to the provisions of sub-clause (1) of this section 4.

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 either: a Niuean by descent; or a permanent resident of Niue; and a New Zealand citizen; and

(2) Who at the time of application is;

(a) ordinarily resident in Niue; and

(b) is under five years of age or

(c) under the age of 18 years attending a recognised school in Niue.

(3) A child between the age of 14 years and up to 18 years of age who does not attend a recognised school in Niue will not qualify as a Qualifying Child for the Child Allowance.

6. Disabled/Disadvantaged Persons - Notwithstanding the provisions of 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. 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. Exemption - Any person being the child of an Award Holder who as a direct consequence of being overseas in the year/s 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. 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 all other sections in this Act, commence on the day the application is approved by the Director and shall continue until the year in which the child leaves school or attains the age of 18.

(2) No allowance shall be payable in respect of any period before the date of coming into force of this Act or it’s 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) 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. Failure to inform the Director in writing will result in the loss of future allowances.

10. Persons allowance is payable - (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 under this Act 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) 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. Any person aggrieved by a decision of the Director made pursuant to this section may appeal to the High 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 from time to time 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 improperly procured payments - 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. 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 -

(1) makes any statement knowing it to be false in any material particular,

(2) 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.

(3) 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 $200 or to both such imprisonment and fine.

16. Proceedings for offences - (1) Notwithstanding anything to the contrary in any other enactment, an information for an offence against this Act may be laid at any time within five 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 under this Act may, notwithstanding any other enactment, be heard and determined before the High Court.

17. Delegation of Powers of Director - (1) The Director may from time to time, 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 the provisions of 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, by Order in Council, make all necessary regulations to carry out the full provisions of this Act from time to time.

___________

This Act is administered by the Department of Community Affairs.

This Act was passed by the Niue Assembly on the 19th day of December 1995.