(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(a) [Repealed]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”
.