New Zealand Legislation: Acts
Acts are laws made by Parliament
(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(a) [Repealed]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 31 March.
(2A) The adjustments (by any percentage movement in the All Groups index number of the New Zealand Consumers Price Index) required under subsection (2) as at 1 July 2011, 1 July 2012, and 1 July 2013 must, despite that subsection, be calculated,—
(a) if, and insofar as, they relate to movements during quarters that end before 29 April 2010, using, for those quarters, the All Groups index numbers of the New Zealand Consumers Price Index published by Statistics New Zealand; and
(b) if, and insofar as, they relate to movements during quarters that end after 28 April 2010, using, for those quarters, the All Groups excluding cigarettes and other tobacco products index numbers of the New Zealand Consumers Price Index published by Statistics New Zealand.
(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.
Section 155: inserted, on 1 July 2005, by section 5 of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).
Section 155(1)(a): repealed, on 1 July 2006, by section 9 of the War Pensions Amendment Act 2006 (2006 No 32).
Section 155(1)(e): amended, on 22 November 2006, by section 18(1) of the Social Security (Long-term Residential Care) Amendment Act 2006 (2006 No 67).
Section 155(1)(k): amended, on 22 November 2006, by section 18(2) of the Social Security (Long-term Residential Care) Amendment Act 2006 (2006 No 67).
Section 155(2): amended, on 7 July 2010, by section 17 of the Social Security Amendment Act (No 2) 2010 (2010 No 85).
Section 155(2): amended, on 22 November 2006, by section 18(3) of the Social Security (Long-term Residential Care) Amendment Act 2006 (2006 No 67).
Section 155(2A): inserted, on 27 September 2010, by section 32 of the Social Security (New Work Tests, Incentives, and Obligations) Amendment Act 2010 (2010 No 105).
