Residential Care and Disability Support Services Act 2018

1: Title
This Act is the Residential Care and Disability Support Services Act 2018.
2: Commencement
1: This Act comes into force on 26 November 2018.
2: However, specified provisions, namely sections 53 70 74 to 76
3: A power that is conferred by those specified provisions, and that is exercised on or after the day after the date on which this Act receives the Royal assent and before 26 November 2018, may be exercised only with effect on or after 26 November 2018.
4: If subsections (2) and (3) are to be, or have been, relied on to exercise a power,—
a: all other enactments relevant to the power’s exercise, and that have not yet commenced, must be treated as if they had commenced; and
b: a legal position that would be conferred or imposed by an enactment relevant to the power’s exercise, and that has not yet commenced, must be treated as if it has accrued or been imposed.
5: This section does not affect the application of the Interpretation Act 1999
1: General provisions
3: Purpose of this Act
The purpose of this Act
a: specify the circumstances in which certain older persons are required to pay for their own long-term residential care; and
b: specify the circumstances in which a funder must contribute towards the cost of those persons’ long-term residential care; and
c: provide for those persons to apply for a means assessment to determine if, and how much, a funder must contribute towards the cost of their long-term residential care; and
d: provide that those persons are not required to pay more than the maximum contribution (which amount is specified by written notice published on an Internet site and notified in the Gazette
e: provide for the assessment of the amount a person is required to pay towards the cost of home-based disability support services supplied to that person; and
f: ensure that financial support (that is, a funder’s contribution to the cost of long-term residential care, or towards the cost of home-based disability support services) provided under this Act 1964 No 136 s 136AA
4: Overview of this Act
This Act—
a: sets out the rules relating to liability for the cost of certain long-term residential care:
b: sets out the rules relating to liability for the cost of home-based disability support services. 1964 No 136 s 136AB
5: Interpretation
In this Act and in Schedules 1 to 3 accommodation costs section 65 applicable asset threshold Part 1 assets section 34 clause 4 benefit Schedule 2 child Schedule 2 contracted care provider section 11 contracted care services section 11 cost of LTR contracted care P
a: is the cost of the contracted care services provided by a contracted care provider to meet P’s assessed long-term residential care needs; and
b: is specified in the service agreement or section 88 notice that applies to the contracted care provider as the price payable for those services, whether or not the services provided to P are wholly or partly funded under that agreement or notice date of means assessment section 52 de facto partner de facto relationship sections 29 29A dependent child Schedule 2 exempt assets section 34 clause 4 funder Pae Ora (Healthy Futures) Act 2022 Health New Zealand section 4 hospital section 58(4) income section 37 clause 5 long-term residential care LTR care section 11 maximum contribution section 15(2) Minister MSD
a: means the responsible department; but
b: for a duty, function, or power that MSD must or may perform or exercise, means—
i: the chief executive of the responsible department; or
ii: a public service partner spouse or partner personal allowance section 24(2) qualifying person section 11 resident assessed as requiring care
a: has been positively needs assessed (as defined in section 14
b: is receiving contracted care services (irrespective of whether a funder has any liability to pay for any of the cost of the qualifying person’s care) responsible department
a: the department of State that, with the Prime Minister’s authority, is for the time being responsible for the administration of this Act; or
b: a departmental agency that, under the Public Service Act 2020 rest home
a: within the meaning of section 6
b: that is therefore health care services required by that Act to be provided in accordance with section 9 of that Act section 94 notice
a: given under section 94
b: in respect of the provision of LTR care service agreement
a: entered into between a funder and provider; and
b: in respect of the provision of long-term residential care to a qualifying person or special case person single special case person section 11 spouse 1964 No 136 s 136 Section 5 DHB repealed 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 5 Health New Zealand inserted 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 5 funder amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 5 MSD amended 7 August 2020 section 135 Public Service Act 2020 Section 5 responsible department amended 7 August 2020 section 135 Public Service Act 2020 Section 5 section 88 notice repealed 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 5 section 94 notice inserted 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 5 service agreement replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
6: Interpretation: references to, and using as guide, old law
1: A reference in an enactment or a document to all or any of the provisions of sections 69FA 132D Part 4 Schedules 27 30 former enactments Schedules 2 3
2: Subsection (1) is subject to the consequential amendments in Schedule 10
3: The provisions of this Act and Schedules 2 3
a: are the provisions of the former enactments in rewritten form; and
b: are intended to have the same effect as the corresponding provisions of the former enactments.
4: Subsection (3) is subject to subsections (5) and (6) and section 7
5: If the meaning of an enactment in this Act or Schedule 2 3 new law section 77(1) old law
6: Subsections (3) to (5) do not apply, if a new law is affected by an amendment made after the beginning of 26 November 2018, to that new law after the amendment commences. 2007 No 97 s ZA 3(2), (3), (4), (5)
7: Transitional, savings, and related provisions
The transitional, savings, and related provisions in Schedule 1
8: Act binds the Crown
This Act binds the Crown.
2: LTR contracted care
9: This Act determines who pays for LTR contracted care
1: This Act determines who pays for the cost of LTR contracted care.
2: Nothing in this Act affects the liability of a person to pay, under an agreement between that person and a provider, for any services provided to that person that are not contracted care services.
10: What is LTR contracted care
LTR contracted care
a: it is long-term residential care:
b: it is the care of a qualifying person or a special case person:
c: it comprises contracted care services:
d: it is provided by a contracted care provider.
11: Key terms used in definition of LTR contracted care
The following key terms are used in the definition of LTR contracted care (and are also used elsewhere in this Act): contracted care provider
a: has a service agreement with a funder; or
b: accepts payment under a section 88 notice contracted care services long-term residential care LTR care qualifying person section 12 special case person
a: a 50+ single person ( see section 21
b: an exempt person ( see section 23
c: an elderly victim of crime ( see section 25
3: Qualifying persons
Meaning of qualifying person
12: Who is qualifying person
A qualifying person
a: is aged 65 years or over; and
b: is funding eligible; and
c: has been positively needs assessed; and
d: receives contracted care services; and
e: is entitled, under section 32 1964 No 136 s 136
13: Funding eligible
A person is funding eligible if the person belongs to a class of eligible people specified in regulations made under section 102 clause 30 Section 13 replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
14: Positively needs assessed
A person has been positively needs assessed section 28 1964 No 136 s 136 Liability of qualifying person for cost of LTR contracted care: 4 basic rules
15: Rule 1: no qualifying person to pay more than maximum contribution
1: No qualifying person is liable to pay more than the maximum contribution towards the cost of the contracted care services provided to that person.
2: The maximum contribution section 53
3: Subsection (1) applies irrespective of the person’s assets or income.
16: Rule 2: qualifying person whose assets are above asset threshold must contribute maximum contribution
A qualifying person whose assets as determined by a means assessment under section 34 1964 No 136 s 139(1), (2)
17: Rule 3: qualifying person whose assets are equal to or below asset threshold must pay contribution based on income
A qualifying person whose assets as determined by a means assessment under section 34 section 37 1964 No 136 s 139(1)–(3)
18: Rule 4: funder must pay difference between qualifying person’s contribution and cost of LTR contracted care
In relation to each qualifying person, the appropriate funder must pay the difference between—
a: the qualifying person’s contribution (under section 16 17
b: the cost of the qualifying person’s LTR contracted care. 1964 No 136 s 140(2)
19: Liability of person who has not been means assessed
1: This section applies to a person ( P
a: P has not been means assessed; or
b: if P has been means assessed, the result of the means assessment is not yet known.
2: P must pay the maximum contribution until P is means assessed. 1964 No 136 s 140(1)﻿(b), (2)
4: Special case persons
20: Who is special case person
1: There are 3 categories of special case person:
a: a 50+ single person:
b: an exempt person:
c: an elderly victim of crime.
2: The definitions of funding eligible and positively needs assessed in sections 13 14 1964 No 136 s 136 50+ single person
21: Who is 50+ single person
A 50+ single person
a: is aged 50 to 64 years; and
b: is single; and
c: has no dependent children; and
d: is funding eligible; and
e: has been positively needs assessed; and
f: receives contracted care services. 1964 No 136 s 136
22: 50+ single person liable to make income contribution only
1: A 50+ single person ( A income contribution section 37
a: means tested as to assets; and
b: determined to have assets equal to or below the applicable asset threshold.
2: In relation to each 50+ single person, the appropriate funder must pay the difference between that person’s contribution and the cost of that person’s LTR contracted care. 1964 No 136 s 143 Exempt persons
23: Who is exempt person
An exempt person
a: is funding eligible; and
b: has been positively needs assessed; and
c: receives contracted care services; and
d: belongs to a class of exempt persons, as those classes are defined in regulations made under section 74
24: Exempt person liable to contribute benefit only
1: An exempt person is liable to contribute to the cost of that person’s LTR contracted care the amount of any benefit that P receives, less the personal allowance, and a funder must pay the balance of the cost.
2: Personal allowance Schedule 2 section 74 1964 No 136 ss 136 142(1), (1A) Elderly victims of crime
25: Who is elderly victim of crime
An elderly victim of crime is a person who—
a: is funding eligible; and
b: has been positively needs assessed; and
c: receives contracted care services; and
d: has been assessed, in accordance with regulations made under section 74 1964 No 136 s 136
26: Elderly victim of crime not liable to contribute to cost of LTR contracted care
A person who is an elderly victim of crime is not liable to contribute any amount to the cost of that person’s LTR contracted care and a funder must pay the whole of that cost. 1964 No 136 s 142(2)
5: Needs assessment
27: Who initiates needs assessment
1: A person may at any time apply for a needs assessment if the person is—
a: aged 65 years or over; and
b: funding eligible.
2: A person who is a special case person may at any time apply for a needs assessment.
3: Health New Zealand 1964 No 136 s 137(1), (2) Section 27(3) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
28: Content of needs assessment
A needs assessment must determine whether the person assessed requires LTR care indefinitely. 1964 No 136 s 137(3)
29: Procedure for needs assessment
1: If Health New Zealand receives an application under section 27(1)
2: The date of a person's needs assessment is the date shown as such on the assessment.
3: For the purposes of a needs assessment (and, in particular, consent to a needs assessment), the Code of Health and Disability Services Consumers' Rights (made under section 74
a: the needs assessment were a service; and
b: the person assessed were a consumer of that service; and
c: Health New Zealand 1964 No 136 s 137(4)–(7) Section 29(1) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 29(3)﻿(c) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
30: Notification of result of needs assessment
1: Health New Zealand
a: the person assessed; and
b: the provider (if any) who is currently providing LTR care to that person.
2: Health New Zealand P
a: the amount of the maximum contribution; and
b: the respective liabilities under this Act of the person assessed and the funder to contribute to the cost of LTR contracted care; and
c: how to apply for a means assessment. 1964 No 136 s 138(2) Section 30(1) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 30(2) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
6: Means assessment
31: Types of means assessment
This Act provides for 2 stages of a means assessment, as follows:
a: an assets assessment:
b: if required, an income assessment. 1964 No 136 ss 146(1) 147(1)
32: Who may apply for means assessment
1: A person who has been positively needs assessed may apply to MSD for a means assessment.
2: An application for a means assessment must be made on a form provided for the purpose by MSD and the applicant must supply any supporting evidence or information that is reasonably required by MSD to complete the assessment. 1964 No 136 s 138(1)﻿(c) 144(1), (2)
33: MSD must arrange for means assessment
MSD must arrange for a means assessment to be conducted as soon as practicable after receiving an application. 1964 No 136 s 144(3) First stage: assets assessment
34: Assets assessment
1: The first stage of a means assessment is an assets assessment.
2: An assets assessment must be conducted in accordance with Part 2
3: This section does not apply to a special case person (who, under section 22(1) 24(1) 26 1964 No 136 s 146(1)
35: Content of assets assessment
An assets assessment must assess the value of the non-exempt assets of a person as at the date of means assessment and must determine whether those assets are above, equal to, or below the applicable asset threshold. 1964 No 136 s 146(2) Second stage: income assessment
36: When income assessment required
An income assessment is required if an assets assessment has determined that a person’s assets are equal to or below the applicable asset threshold. 1964 No 136 s 147(2)
37: Income assessment
An income assessment must be conducted in accordance with Part 3 1964 No 136 s 147(1)
38: Content of income assessment
1: An income assessment of a person ( P
a: assess as at the date of means assessment P’s annual income; and
b: determine a weekly contribution, up to the maximum contribution, that P must pay from income towards the cost of contracted care services provided to P; and
c: determine if and when in the 90-day period P’s assets fell below the applicable asset threshold.
2: In subsection (1), 90-day period
3: This section is subject to sections 24(1) 26 1964 No 136 s 147(3), (4) Factors affecting means assessment: deprivation of income or property
39: Deprivation of income or property: means assessment as if deprivation had not occurred
1: This section applies where MSD is satisfied that a person who has applied for a means assessment ( P
2: In conducting P’s means assessment, MSD may include the income or property as if the deprivation had not occurred.
3: In this section, property 1964 No 136 s 147A(1)
40: Deprivation of income or property: inclusion in review of means assessment
1: This section applies where MSD is satisfied that a person who has been means assessed ( P
2: In conducting a review of P’s means assessment, MSD may include the income or property as at the date of the means assessment as if the deprivation had not occurred.
3: In this section, property 1964 No 136 s 147A(2) Notice of means assessment
41: Means assessment must be recorded in writing
MSD must ensure that every means assessment is recorded in writing, whether the means assessment is a first assessment or a subsequent assessment on review, and whether or not the assessment relates only to assets or to assets and income. 1964 No 136 s 148(1)
42: Notice of means assessment
1: MSD must ensure that a copy of the record of the means assessment is provided to the person to whom it relates.
2: MSD must ensure that the provider, the funder, and the Ministry of Health are advised of the following in respect of every person ( P
a: whether P’s assets are above the applicable asset threshold; or
b: if P’s assets are equal to or below the applicable asset threshold, the assessment of P’s weekly contribution from income. 1964 No 136 s 148(1), (2) Change in circumstances
43: Obligation to notify MSD of change in circumstances
1: A person ( A B
a: knows or ought to know of the change in circumstances; and
b: knows or ought to know that the change might mean that the means assessment is no longer accurate.
2: For the purposes of subsection (1), A is any of the following:
a: B, the person who has been means assessed:
b: B’s spouse or partner:
c: the provider who provides contracted care services to B:
d: the holder of an enduring power of attorney (given in accordance with Part 9
3: Subsection (1) does not apply if—
a: B has been found to have assets equal to or below the applicable asset threshold and the change relates to the value of B's assets, or to the value of the assets of B's spouse or partner; or
b: a funder has no liability under this Act in respect of the contracted care services provided to B. 1964 No 136 s 149(1)–(2) Notice of right of review
44: Funder must ensure person assessed advised of right of review
A funder must take all practicable steps to ensure that a person who has undergone a means assessment ( P
a: is advised of the right to apply for a review of P's means assessment; and
b: is notified whenever a change is made to the tests used in means assessments (such as an increase to applicable asset thresholds, or a change to the personal allowance (as defined in section 24(2) 1964 No 136 s 149(3) Relationship status
45: Relationship status for purpose of means assessment: determination that person is single
1: For the purpose of a means assessment under this Act, MSD may make a determination to regard as single a person ( P
a: living apart from P’s spouse or partner; and
b: not in a de facto relationship.
2: However, MSD cannot under subsection (1) determine that P is single by reason only that P or P’s spouse or partner—
a: has been assessed as requiring LTR care indefinitely; or
b: has become unable to affirm P’s marriage or civil union.
3: A determination under subsection (1) may include a date, determined by MSD, on which the spouses or partners must be taken for the purposes of the determination to have commenced to live apart.
4: Every determination under this section also applies for the purposes of every debt-recovery or offence provision in, under, or for the purposes of, this Act. 1964 No 136 ss 63 151
46: Relationship status for purpose of means assessment: determination that person is in de facto relationship
1: For the purpose of a means assessment under this Act, MSD may make a determination to regard as a party to a de facto relationship any 2 people who, not being legally married or in a civil union, have entered into a de facto relationship.
2: A determination under subsection (1), for the purposes of the assessment, may include either or both of the following dates:
a: a date, determined by MSD, on which the 2 people must be taken as having entered into the de facto relationship:
b: a date, determined by MSD, on which the de facto relationship of the 2 people must be taken to have ended.
3: Every determination under this section also applies for the purposes of every debt-recovery or offence provision in, under, or for the purposes of, this Act. 1964 No 136 ss 63 151 Review of means assessment
47: Review by MSD
MSD must review a means assessment of a person ( P
a: P applies for a review on a form provided for the purpose by MSD; or
b: MSD has reason to believe that there was a mistake in P’s earlier assessment, whether as a result of wrong information being supplied or otherwise; or
c: the circumstances of P’s spouse or partner ( S
i: S has become a qualifying person or a special case person; or
ii: S has died; or
iii: MSD has determined under section 45 1964 No 36 s 150(1)
48: Review if assets subsequently fall below applicable asset threshold
1: This section applies if a person ( P
2: MSD may review P’s means assessment at any time if MSD considers that P’s assets have fallen, or are about to fall, to a level below or equal to the applicable asset threshold. 1964 No 136 s 150(2)
49: Review if assets below applicable asset threshold
1: This section applies if a person ( P
2: MSD—
a: may annually review P’s means assessment; and
b: may at any time review P’s means assessment if MSD considers that P’s annual income has changed or is about to change. 1964 No 136 s 150(2A)
50: Review under section 48 or 49 not obligatory
Nothing in section 48 49 section 24(2) section 47 1964 No 136 s 150(3)
51: Scope and date of review under section 47, 48, or 49
1: A review must review the person’s means assessment as to assets and, if necessary, the person’s means assessment as to income unless subsection (2) applies.
2: A review must review the person’s means assessment as to income only (and not the person’s means assessment as to assets) if the review is conducted under—
a: section 47(a)
b: section 49
3: A review is conducted as at the date of means assessment.
4: Section 38(1)﻿(c) 1964 No 136 s 150(4)–(5) Date of means assessment
52: Date of means assessment
In this Act and Schedule 2 date of means assessment
a: in the case of a first means assessment conducted under this Act, the date on which the application for the means assessment is received:
b: in the case of a review of a means assessment for which the person has applied under section 47(a)
c: in the case of a review under section 47(b)
d: in the case of a review under section 47(c)
e: in the case of a review under section 48
f: in the case of a review under section 49
i: conducted by MSD in the event of a general adjustment of rates of benefits or allowances, the date of that general adjustment; or
ii: conducted as a result of advice received by MSD under section 43(1)
iii: conducted by MSD in any other case, the date on which MSD initiated the review. 1964 No 136 s 145
7: Funding and funder’s liability
Maximum contribution
53: Determination of maximum contribution
1: The Director-General of Health must, by written notice, determine the maximum contribution that applies in each region.
2: By way of explanation, the maximum contribution that applies in a region is the amount agreed at a national level between funder representatives and provider representatives as being the amount that funders in that region are to pay to providers in that region for providing rest-home-level care services.
3: However, if the amount identified under subsection (2) for a region is less than $636, the maximum contribution for that region must be set at $636.
4: A notice given under this section—
a: must, as soon as practicable after it is given, be—
i: published on an Internet site administered by or on behalf of the Ministry of Health; and
ii: notified in the Gazette
b: must, each time it is amended without also being replaced, also as soon as practicable after it is amended, be published—
i: on an Internet site administered by or on behalf of the Ministry of Health; and
ii: current as at a stated date; and
iii: incorporating amendments up to that date; and
c: is not a legislative instrument, but is a disallowable instrument, for the purposes of the Legislation Act 2012, and must be presented to the House of Representatives under section 41 of that Act.
5: A notification in the Gazette 1964 No 136 s 152 Funder’s liability
54: Funder’s liability for cost of LTR contracted care of exempt person
In respect of the cost of an exempt person’s LTR contracted care, the funder must pay the amount determined under the following formula: p = c – (b – a) where— p is the amount the funder must pay c is the cost of the LTR contracted care provided to the exempt person b is the amount of any benefit received by the exempt person a is the personal allowance (as defined in section 24(2) 1964 No 136 s 142(1)
55: Funder’s liability for cost of LTR contracted care of elderly victim of crime
In respect of the cost of an elderly victim of crime’s LTR contracted care, the funder must pay the full cost. 1964 No 136 s 142(2) When funder’s liability arises
56: When funder’s liability arises for cost of LTR contracted care of qualifying person
1: If the assets of a qualifying person ( P section 16
a: on the relevant date of needs assessment, if P is already receiving contracted care services; or
b: on the date from which P receives contracted care services, in any other case.
2: If the assets of a qualifying person ( P section 17
3: In this section, 90-day period 1964 No 136 ss 140(3) 141(3)
57: When funder’s liability arises for cost of LTR contracted care of exempt person or elderly victim of crime
A funder’s liability for the cost of the LTR contracted care of an exempt person or elderly victim of crime arises—
a: on the date on which the person is confirmed under regulations made under section 74
b: in the case of a person to whom section 10 1964 No 136 s 142(3)
58: When funder’s liability arises for cost of LTR contracted care of 50+ single person
A funder’s liability for the cost of the LTR contracted care of a 50+ single person arises on the later of the following dates:
a: the relevant date of needs assessment, if the person is already receiving contracted care services:
b: the date from which the person receives contracted care services. 1964 No 136 s 140(3)
8: Home-based disability support services
59: Application of this Part
1: This Part applies to a person who—
a: has been assessed by or on behalf of Health New Zealand
b: is not a child; and
c: is not entitled to be the holder of—
i: a community services card issued under the Health Entitlement Cards Regulations 1993
ii: a corresponding card issued under corresponding regulations made or deemed to have been under either or both of section 102(1) section 437
2: For the purposes of this Part and Schedules 1 3 home-based disability support services
a: in relation to the person’s domestic affairs (other than medical services, personal care services, attendant care services, and relief care services) that support and allow the person to remain in the person’s home; and
b: of a kind that are funded under the Pae Ora (Healthy Futures) Act 2022
3: For the purposes of this Part and Schedules 1 3 child
a: aged 16 or 17 years; and
b: financially independent health practitioner
a: has the same meaning as in section 5(1)
b: includes a person who is receiving training or gaining experience under the supervision of a health practitioner medical services 1964 No 136 s 69FA(1), (2) Section 59(1)﻿(a) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 59(1)﻿(c)﻿(ii) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 59(2)﻿(b) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
60: MSD may assess person’s financial means and required payments
1: MSD may, from time to time, on application by or on behalf of a person to whom this Part applies, assess in accordance with Schedule 3
2: The person is required to pay that amount in accordance with the assessment.
3: MSD’s information-gathering powers under clauses 1 to 7 clause 3(e)
a: the amount that a person is required to pay towards the cost of the home-based disability support services supplied to that person; and
b: whether a person who has been so assessed is entitled to that assessment. 1964 No 136 ss 11(2)﻿(da) 69FA(3)
61: Cash assets and income
1: For the purposes of this Part and Schedules 1 3 cash assets
a: means—
i: money saved with a bank or other institution, money invested with a bank or other institution, or money banked with a bank or other institution:
ii: money invested in securities, bonds, or debentures, or advanced on mortgage:
iii: money withdrawn from a KiwiSaver scheme registered under subpart 2
iv: money invested in shares in a partnership or limited liability company or other incorporated or unincorporated body; but
b: does not include any contributions to, or any member’s interest in, any KiwiSaver scheme that is registered under subpart 2
c: does not include any assets or any amount of cash assets excluded by regulations made under section 74(1)﻿(k) or (l) income
a: is income as defined in Schedule 2
i: the Social Security Act 2018
ii: the New Zealand Superannuation and Retirement Income Act 2001
iii: the Veterans’ Support Act 2014
b: is not an amount specified in regulations made under section 74(1)﻿(l)
2: For the purposes of this Part and Schedules 1 3
a: the following are taken to be income of $1 per week:
i: every $100 of cash assets over $5,400 held by a person who is in a relationship:
ii: every $100 of cash assets over $5,400 held by a single person who has 1 or more dependent children:
iii: every $100 of cash assets over $2,700 held by any other person; and
b: the income of a person who is in a relationship includes the income of the person’s spouse or partner. 1964 No 136 s 69FA(1), (4)
62: Unrealised assets available for personal use
1: This section applies to assets that—
a: are available for the personal use of a person to whom this Part applies; and
b: MSD is satisfied have not been realised by that person, or by that person’s spouse or partner.
2: MSD may for the purposes of this Part treat the assets as cash assets. 1964 No 136 s 69FA(5)
63: Deprivation of income or assets
1: This section applies if—
a: a person has applied for, or has received, an assessment under this Part; and
b: MSD is satisfied that the person or the person’s spouse or partner has directly or indirectly deprived the person of any income or assets.
2: MSD may assess, or revise the assessment of, the person’s ability to pay for that person’s home-based disability support services as if that deprivation had not occurred. 1964 No 136 s 69FA(8)
64: Assessment must state date and payments and be given to person
Each assessment made by MSD under this Part—
a: must state the date of the assessment and the amount that the person has been assessed as being required to pay; and
b: must be given by MSD to that person. 1964 No 136 s 69FA(6)
65: MSD may supply assessment to applicable DHB
MSD may supply the details of an assessment under this Part to Health New Zealand 1964 No 136 s 69FA(6) Section 65 amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
66: MSD must review, and may revise, assessment
1: MSD—
a: must from time to time review an assessment under this Part; and
b: may revise that assessment if—
i: MSD is satisfied the assessment is in error; or
ii: the person to whom the assessment relates or that person’s spouse or partner fails to provide any relevant information requested or to answer any relevant question; or
iii: after reviewing the assessment, MSD is satisfied that, owing to a change in circumstances of that person or that person’s spouse or partner, the assessment is no longer an accurate reflection of that person’s ability to pay for that person’s home-based disability support services.
2: A revised assessment under subsection (1)﻿(b)﻿(iii) takes effect from a date MSD determines (being a date that is, or is after, the date on which the change of circumstances concerned may reasonably be held to have occurred). 1964 No 136 s 69FA(7)
67: Person must advise MSD of change in person’s circumstances
A person who has received an assessment under this Part must advise MSD without delay of any change in circumstances that affects that person’s ability to pay for that person’s home-based disability support services. 1964 No 136 s 69FA(9)
9: Miscellaneous
68: Information gathering under Schedule 6 of Social Security Act 2018
1: MSD may, by notice given under clauses 2 to 7
a: determining whether a person who has made a claim for, is receiving, or has received, a benefit or payment under this Act is or was entitled to receive that benefit or payment:
b: conducting or reviewing a means assessment under this Act, or determining whether a means assessment of that kind is correct:
c: determining, under Part 8
d: ascertaining the financial circumstances or whereabouts of a person who is indebted to the Crown under this Act:
e: discharging MSD’s functions under, or under any regulations in force under, this Act.
2: This section is by way of explanation only.
69: Rights of review and appeal in Part 7 of Social Security Act 2018
1: This section applies to decisions or determinations of MSD made under any of the provisions of—
a: this Act; or
b: regulations made under section 74
2: Part 7 see section 391(1) section 397(1)﻿(d)
3: This section is by way of explanation only.
70: Residential care loan scheme
1: A qualifying person ( P section 34
a: P's assets are above the applicable asset threshold; and
b: P meets the criteria for eligibility for the residential care loan scheme specified in a written notice given by the Director-General of Health.
2: A notice given under this section is secondary legislation ( see Part 3
3: 1964 No 136 s 153 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	notify it in the Gazette •	publish it on a website maintained by, or on behalf of, the Ministry of Health •	if it is amended without being replaced, also publish on that website a consolidated version of the notice as at a stated date incorporating the amendments up to that date Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 70(2) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 70(3) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
71: Clothing allowance
Regulations may be made under section 74
a: qualifying persons who have been means assessed and found to have assets equal to or less than the applicable asset threshold:
b: qualifying persons who have entered into a loan agreement with the Crown under the residential care loan scheme. 1964 No 136 s 154
72: Offences: false statements, misleading, or attempting to mislead, to receive or continue to receive advantages
1: A person ( P
a: P makes a statement knowing that it is false in a material particular; and
b: P’s statement—
i: is made for the purpose of receiving or continuing to receive (whether for P or another person) an advantage; or
ii: results in P or another person receiving or continuing to receive an advantage.
2: A person ( P
a: P wilfully does or says anything, or omits to do or say anything, for the purpose of misleading or attempting to mislead a person; and
b: P’s act, statement, or omission—
i: is done or made for the purpose of receiving or continuing to receive an advantage (whether for P or another person); or
ii: results in P or another person receiving or continuing to receive an advantage.
3: In this section, advantage
a: any benefit under this Act; or
b: any payment from a Crown Bank Account in accordance with this Act; or
c: a more favourable means assessment under Parts 8 9
d: a more favourable means assessment under Parts 1 to 7
4: A person who commits an offence under this section is liable on conviction to a penalty that is either or both of the following:
a: imprisonment for a term not exceeding 12 months:
b: a fine not exceeding $5,000.
5: This section does not limit sections 290 291 1964 No 136 s 127
73: Time for filing charging document
1: The limitation period in respect of an offence against this Act ends on the date that is 12 months after the date on which the facts alleged in the charging document are brought to the knowledge of any officer concerned in the administration of this Act.
2: Subsection (1) overrides section 25 1964 No 136 s 128
74: Regulations
1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a: identifying a class or classes of exempt persons:
b: prescribing how a person is to be assessed as being, or no longer being, an elderly victim of crime:
c: providing, in accordance with section 71
d: prescribing, for the purpose of section 39
e: prescribing the gifting period and the allowable gifts, or the value of any allowable gifts, for the purpose of paragraph (b) of the definition of assets in Part 2
f: amending the maximum value of pre-paid funerals for the purpose of paragraph (d) of the definition of exempt assets in Part 2
g: prescribing assets, or an amount of assets, that are exempt assets for the purpose of paragraph (g) of the definition of exempt assets in Part 2
h: increasing the applicable asset thresholds, and the income-from-assets exemption, in accordance with section 75
i: prescribing an amount or a type of income, or an amount of a certain type of income, that is not to be included in a means assessment as to income, as provided for in paragraph (i) of the definition of income in Part 3
j: prescribing the amount of personal allowance (as defined in section 24(2)
k: defining terms to be excluded as cash assets for the purpose of Part 8 see section 61(1)
l: specifying that certain amounts of cash assets or income are not to be included within the financial means assessment of a person under Part 8 see section 61
m: providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: The purpose of exemption regulations made under subsection (1)﻿(a) is to specify a class or classes of persons who, because of their circumstances (for example, a requirement to undergo compulsory treatment), should be liable to contribute to the cost of their LTR care only the amount of any benefit that they receive, less the personal allowance ( see sections 23 24
3: Exemption regulations made under subsection (1)﻿(a) may be made only on the recommendation of the Minister.
4: The Minister must, before making a recommendation that particular exemption regulations be made under subsection (1)﻿(a),—
a: have regard to the purpose of this Act (as set out in section 3 section 24
b: be satisfied that each exemption provided for in them is not broader than is reasonably necessary to address the matters that gave rise to the regulations.
5: Regulations published under the Legislation Act 2019
a: specified in the regulations; and
b: earlier than, the same as, or later than, the date on which the regulations are made.
6: Regulations made under this section are secondary legislation ( see Part 3 1964 No 136 ss 132D 155(1) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 74(5) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 74(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
75: Annual adjustments for increase in Consumers Price Index
1: The applicable asset thresholds set out in Part 1 Consumers Price Index (all groups)
2: The income-from-assets exemption (as defined in Part 3 Consumers Price Index (all groups)
3: The adjustments (by any percentage movement in the index number of the Consumers Price Index (All Groups)) required under subsection (2) as at 1 July in any year from 2019 to 2021 (inclusive) for the income-from-assets exemption must, despite subsection (2), be calculated,—
a: if, and insofar as, they relate to movements during quarters that end before 29 April 2010, using index numbers for those quarters of the Consumers Price Index (all groups)
b: if, and insofar as, they relate to movements during quarters that end after 28 April 2010, using index numbers for those quarters of the Consumers Price Index (less cigarettes and tobacco subgroup) published by Statistics New Zealand or, if that index ceases to be published, any measure certified by the Government Statistician as being equivalent to that index
4: If the adjusted amount of an applicable asset threshold or, as the case requires, of the income-from-assets exemption is not a whole number of dollars,—
a: it must be rounded up to the nearest whole number of dollars; but
b: the adjustment made in the following year must be based on the applicable asset threshold or the income-from-assets exemption as it was before it was rounded up.
5: This section does not limit section 452 Schedule 2
6: In this section, Consumers Price Index (all groups) 1964 No 136 s 155(2)–(3) Section 75 heading amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 75(1) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 75(2) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 75(3)﻿(a) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 75(3)﻿(b) amended 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 75(6) inserted 1 September 2022 section 107(1) Data and Statistics Act 2022
76: Annual published notice of amount of income-from-assets exemption
1: The Director-General of Health must, as soon as practicable after 1 July in each year, give written notice of the current amount of the income-from-assets exemption.
2: A notice under this section must, as soon as practicable after it is given, be published on an Internet site administered by or on behalf of the Ministry of Health and be notified in the Gazette
3: A notification in the Gazette 1964 No 136 s 155(4) Section 76(2) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 76(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021
77: Repeals and revocations
1: Sections 69FA 132D Part 4 Schedules 27 30
2: All regulations made by Order in Council, or other Orders in Council made under those provisions of that Act, and in force on the commencement of this section, are revoked by this subsection.
3: Subsection (2) does not revoke orders saved by Schedule 1 2018-11-26 Social Security Act 1964 See section 77(1)