Residential Care and Disability Support Services Act 2018

Reprint as at 1 July 2019

Coat of Arms of New Zealand

Residential Care and Disability Support Services Act 2018

Public Act
 
2018 No 33
Date of assent
 
28 September 2018
Commencement
 
see section 2
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Social Development.

Contents

1Title
2Commencement
3Purpose of this Act
4Overview of this Act
5Interpretation
6Interpretation: references to, and using as guide, old law
7Transitional, savings, and related provisions
8Act binds the Crown
9This Act determines who pays for LTR contracted care
10What is LTR contracted care
11Key terms used in definition of LTR contracted care
12Who is qualifying person
13Funding eligible
14Positively needs assessed
15Rule 1: no qualifying person to pay more than maximum contribution
16Rule 2: qualifying person whose assets are above asset threshold must contribute maximum contribution
17Rule 3: qualifying person whose assets are equal to or below asset threshold must pay contribution based on income
18Rule 4: funder must pay difference between qualifying person’s contribution and cost of LTR contracted care
19Liability of person who has not been means assessed
20Who is special case person
21Who is 50+ single person
2250+ single person liable to make income contribution only
23Who is exempt person
24Exempt person liable to contribute benefit only
25Who is elderly victim of crime
26Elderly victim of crime not liable to contribute to cost of LTR contracted care
27Who initiates needs assessment
28Content of needs assessment
29Procedure for needs assessment
30Notification of result of needs assessment
31Types of means assessment
32Who may apply for means assessment
33MSD must arrange for means assessment
34Assets assessment
35Content of assets assessment
36When income assessment required
37Income assessment
38Content of income assessment
39Deprivation of income or property: means assessment as if deprivation had not occurred
40Deprivation of income or property: inclusion in review of means assessment
41Means assessment must be recorded in writing
42Notice of means assessment
43Obligation to notify MSD of change in circumstances
44Funder must ensure person assessed advised of right of review
45Relationship status for purpose of means assessment: determination that person is single
46Relationship status for purpose of means assessment: determination that person is in de facto relationship
47Review by MSD
48Review if assets subsequently fall below applicable asset threshold
49Review if assets below applicable asset threshold
50Review under section 48 or 49 not obligatory
51Scope and date of review under section 47, 48, or 49
52Date of means assessment
53Determination of maximum contribution
54Funder’s liability for cost of LTR contracted care of exempt person
55Funder’s liability for cost of LTR contracted care of elderly victim of crime
56When funder’s liability arises for cost of LTR contracted care of qualifying person
57When funder’s liability arises for cost of LTR contracted care of exempt person or elderly victim of crime
58When funder’s liability arises for cost of LTR contracted care of 50+ single person
59Application of this Part
60MSD may assess person’s financial means and required payments
61Cash assets and income
62Unrealised assets available for personal use
63Deprivation of income or assets
64Assessment must state date and payments and be given to person
65MSD may supply assessment to applicable DHB
66MSD must review, and may revise, assessment
67Person must advise MSD of change in person’s circumstances
68Information gathering under Schedule 6 of Social Security Act 2018
69Rights of review and appeal in Part 7 of Social Security Act 2018
70Residential care loan scheme
71Clothing allowance
72Offences: false statements, misleading, or attempting to mislead, to receive or continue to receive advantages
73Time for filing charging document
74Regulations
75Annual adjustments for increase in New Zealand Consumers Price Index
76Annual published notice of amount of income-from-assets exemption
77Repeals and revocations
Reprint notes

The Parliament of New Zealand enacts as follows: