Social Security (Accommodation Supplement) Amendment Act 2022

1: Title
This Act is the Social Security (Accommodation Supplement) Amendment Act 2022.
2: Commencement
This Act comes into force on the day after the date of Royal assent.
1: Amendments to Social Security Act 2018
3: Principal Act
This Part amends the Social Security Act 2018 2022-11-26 Social Security Act 2018
4: New section 17A inserted (Guide to specified abatement exemptions)
After section 17
17A: Guide to specified abatement exemptions
1: In this section, the specified abatement exemptions
a: section 17(3) of the New Zealand Superannuation and Retirement Income Act 2001; and
b: section 173(3) of the Veterans’ Support Act 2014.
2: The specified abatement exemptions ensure that a benefit (for example, an accommodation supplement) payable to a community spouse or partner ( CSP
a: of the CSP’s spouse or partner; and
b: under the Residential Care and Disability Support Services Act 2018.
5: Section 67 amended (Other funding exclusion)
Replace section 67(e)
e: P is receiving New Zealand superannuation or a veteran’s pension and—
i: if P is not a community spouse or partner (as defined in Schedule 2), the total income of P and P’s spouse or partner (if any) is more than the applicable amount specified in Part 2 of Schedule 5; or
ii: if P is a community spouse or partner (as so defined), the total income of P alone (disregarding any income of P’s spouse or partner who is receiving long-term residential care in a hospital or rest home) is more than the applicable amount specified in Part 2 of Schedule 5.
6: Section 69 amended (Accommodation supplement: refusal, reduction, or cancellation of grant in certain circumstances)
Replace section 69(2)
2: For the purposes of this section and the assets requirement in regulations made under section 423 ( see
2A: Subsection (2)
a: A is a community spouse or partner (as defined in Schedule 2); and
b: A’s spouse or partner is receiving long-term residential care in a hospital or rest home.
2B: However, subsection (2) P
7: Schedule 1 amended
In Schedule 1
a: insert the Part set out in Part 1
b: make all necessary consequential amendments.
8: Schedule 2 amended
In Schedule 2 community spouse or partner
a: in section 17A
i: for the purposes of section 17(3) of the New Zealand Superannuation and Retirement Income Act 2001, a person to whom section 17 of that Act applies; and
ii: for the purposes of section 173(3) of the Veterans’ Support Act 2014, a person to whom section 173 of that Act applies; and
b: in sections 67(e) and 69(2A) and (2B) item 6A of Part 7 of Schedule 4 item 9A of Part 2 of Schedule 5
i: who is not receiving long-term residential care in a hospital or rest home; and
ii: whose spouse or partner—
A: is receiving long-term residential care in a hospital or rest home; and
B: is, or is not, a resident assessed as requiring care in respect of whom a funder is paying some or all of the cost of contracted care services under section 54, 55, 56, 57, or 58 of the Residential Care and Disability Support Services Act 2018 specified abatement exemptions section 17A
9: Schedule 4 amended
In Schedule 4 The following table is small in size and has 3 columns. The columns have no headings. 6A The rate of accommodation supplement payable to a community spouse or partner (as defined in Schedule 2) is the rate in items 1 to 6 that would apply to them if they were single (and their other circumstances were unchanged).
10: Schedule 5 amended
In Schedule 5 The following table is small in size and has 3 columns. Columns 1 and 2 have no heading and column 3 is headed Per week. 9A For the purposes only of section 67(e)
11: Consequential amendments
Amend the Acts specified in Schedule 2 2022-11-26 New Zealand Superannuation and Retirement Income Act 2001 Veterans’ Support Act 2014
2: Amendments to Social Security Regulations 2018
12: Principal regulations
This Part amends the Social Security Regulations 2018 2022-11-26 Social Security Regulations 2018
13: Regulation 15 amended (Assets requirement)
Replace regulation 15(2)
2: This regulation is subject to section 69(2), (2A), and (2B)
3: Under section 69(2) A
4: Under section 69(2A) section 69(2)
a: A is a community spouse or partner (as defined in Schedule 2 of the Act); and
b: A’s spouse or partner is receiving long-term residential care in a hospital or rest home.
5: Under section 69(2B) section 69(2) P
6: Subclauses (3) to (5)
14: Regulation 17 amended (Base rate)
1: In regulation 17(2)﻿(d) paragraph (e) or (ea)
2: After regulation 17(2)﻿(e)
ea: for a beneficiary who is a community spouse or partner (as defined in Schedule 2 of the Act), the base rate that would apply to them under paragraph (a), (b), or (c) if they were single (and their other circumstances were unchanged):
3: In regulation 17(2)﻿(h) relationship and is not a non-beneficiary to whom paragraph (i)
4: After regulation 17(2)﻿(h)
i: for a non-beneficiary who is a community spouse or partner (as defined in Schedule 2 of the Act), the base rate that would apply to them under paragraph (f) or (g) if they were single (and their other circumstances were unchanged).
15: Regulation 18 amended (Income-based reductions to assessed base rate for non-beneficiary)
Replace regulation 18(2)
2: That amount must be reduced by 25 cents for every $1 of the relevant weekly income ( see subclause (2A)
2A: The relevant weekly income subclause (2)
a: if the applicant is not a community spouse or partner (as defined in Schedule 2 of the Act), the combined weekly income of—
i: the applicant; and
ii: any spouse or partner of the applicant; and
b: if the applicant is a community spouse or partner (as so defined), the weekly income of the applicant alone (disregarding any income of the applicant’s spouse or partner who is receiving long-term residential care in a hospital or rest home).
16: Schedule 1 amended
In Schedule 1
a: insert the Part set out in Part 2
b: make all necessary consequential amendments.