(i)the child is both resident and present in New Zealand; or
(ii)P has been both resident and present in New Zealand for a continuous period of 12 months at any time.
Compare: 1964 No 136 s 28
44Who is eligible caregiver
A person (P) is an eligible caregiver of a child if—
(a)P is aged 18 years or over; and
(b)P is not a parent (as defined in section 43(3)) of the child; and
(c)the child is a dependent child of P; and
(d)P is a principal caregiver of the child; and
(e)P is likely to be the principal caregiver of the child for at least 1 year from the date of application for the orphan’s benefit.
Compare: 1964 No 136 s 28
45Orphan’s benefit to be used for benefit of child
(1)The purpose of the orphan’s benefit is to provide financial support for the cost of caring for a child who is not the caregiver’s own.
(2)A caregiver who is granted an orphan’s benefit must use the benefit for the benefit of the child in respect of whom it was granted, including the child’s maintenance and education.
Compare: 1964 No 136 s 31
46Unsupported child’s benefit: requirements
(1)This section applies if, because of the circumstances specified in subsection (2), a child has no parent (as defined in subsection (3)) who is able to—
(a)care for the child; or
(b)provide fully for the child’s support.
(2)The circumstances are that there has been a breakdown in the child’s family.
(3)A parent, in relation to a child, and for the purposes only of this subpart and section 31(b)(ii), means a natural parent, an adoptive parent, or a step-parent of the child.
(4)A person (P) is entitled to an unsupported child’s benefit for the child if—
(a)P is an eligible caregiver of the child; and
(b)either—
(i)the child is both resident and present in New Zealand; or
