Social Security Act 1964 No 136 (as at 01 July 2009), Public Act

155 Regulations relating to this Part
  • (1) The Governor-General may, by Order in Council, make regulations for all or any of the following matters:

    • (a) [Repealed]

    • (b) identifying a class or classes of exempt persons:

    • (c) prescribing how a person is to be assessed as being, or no longer being, an elderly victim of crime:

    • (d) providing, in accordance with section 154, for payment of a clothing allowance, and setting the amount of any clothing allowance payable:

    • (e) prescribing, for the purpose of section 147A, rules relating to deprivation of property, income, or both, and the circumstances in which those rules apply:

    • (f) prescribing the gifting period and the allowable gifts, or the value of any allowable gifts, for the purpose of Part 2 of Schedule 27:

    • (g) amending the maximum value of pre-paid funerals for the purposes of paragraph (d) of the definition of exempt assets in Part 2 of Schedule 27:

    • (h) prescribing assets, or an amount of assets, that are exempt assets for the purpose of paragraph (f) of the definition of exempt assets in Part 2 of Schedule 27:

    • (i) increasing the income-from-assets exemption in accordance with subsection (2):

    • (j) prescribing an amount or 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 (k) of the definition of income in Part 3 of Schedule 27:

    • (k) prescribing the amount of personal allowance:

    • (l) providing for any other matters contemplated by this Part, necessary for its administration, or necessary for giving it full effect.

    (2) The income-from-assets exemption (as defined in Part 3 of Schedule 27) must be increased on 1 July 2007, and on every following 1 July, by an amount that reflects the movement in the All Groups index number of the New Zealand Consumers Price Index (published by Statistics New Zealand) for the year ending on the previous 1 March.

    (3) If the adjusted amount of 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 income-from-assets exemption as it was before it was rounded up.

    (4) The Director-General of Health must, as soon as practicable after 1 July in each year, give notice in the Gazette of the current amount of the income-from-assets exemption.

    (5) This section does not limit any other power given in this Act to make regulations.

    Part 4 (comprising sections 136 to 155) was inserted, as from 1 July 2005, by section 5 Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101). See sections 7 to 11 of that Act for the transitional provisions.

    Subsection (1)(a) was repealed, as from 1 July 2006, by section 9 War Pensions Amendment Act 2006 (2006 No 32).

    Subsection (1)(e) was amended, as from 22 November 2006, by section 18(1) Social Security (Long-term Residential Care) Amendment Act 2006 (2006 No 67) by substituting section 147A for means assessment.

    Subsection (1)(k) was amended, as from 22 November 2006, by section 18(2) Social Security (Long-term Residential Care) Amendment Act 2006 (2006 No 67) by omitting , as defined in Part 3 of Schedule 27.

    Subsection (2) was amended, as from 22 November 2006, by section 18(3) Social Security (Long-term Residential Care) Amendment Act 2006 (2006 No 67) by substituting 2007 for 2006.