Residential Care and Disability Support Services Bill

  • enacted
  • Previous title has changed

Hon Carmel Sepuloni

Residential Care and Disability Support Services Bill

Government Bill

122—3B

Contents

Bill note
Key
1Title
2Commencement
439Purpose of this Act
440Overview of this Act
441Interpretation
442Interpretation: references to, and using as guide, old law
443Transitional, savings, and related provisions
444Act binds the Crown
445This Act determines who pays for LTR contracted care
446What is LTR contracted care
447Key terms used in definition of LTR contracted care
448Who is qualifying person
449Funding eligible
450Positively needs assessed
451Rule 1: no qualifying person to pay more than maximum contribution
452Rule 2: qualifying person whose assets are above asset threshold must contribute maximum contribution
453Rule 3: qualifying person whose assets are equal to or below asset threshold must pay contribution based on income
454Rule 4: funder must pay difference between qualifying person’s contribution and cost of LTR contracted care
455Liability of person who has not been means assessed
456Who is special case person
457Who is 50+ single person
45850+ single person liable to make income contribution only
459Who is exempt person
460Exempt person liable to contribute benefit only
461Who is elderly victim of crime
462Elderly victim of crime not liable to contribute to cost of LTR contracted care
463Who initiates needs assessment
464Content of needs assessment
465Procedure for needs assessment
466Notification of result of needs assessment
467Types of means assessment
468Who may apply for means assessment
469MSD must arrange for means assessment
470Assets assessment
471Content of assets assessment
472When income assessment required
473Income assessment
474Content of income assessment
475Deprivation of income or property: means assessment as if deprivation had not occurred
476Deprivation of income or property: inclusion in review of means assessment
477Means assessment must be recorded in writing
478Notice of means assessment
479Obligation to notify MSD of change in circumstances
480Funder must ensure person assessed advised of right of review
481Relationship status for purpose of means assessment: determination that person is single
482Relationship status for purpose of means assessment: determination that person is in de facto relationship
483Review by MSD
484Review if assets subsequently fall below applicable asset threshold
485Review if assets below applicable asset threshold
486Review under section 484 or 485 not obligatory
487Scope and date of review under section 483, 484, or 485
488Date of means assessment
489Determination of maximum contribution
490Funder’s liability for cost of LTR contracted care of exempt person
491Funder’s liability for cost of LTR contracted care of elderly victim of crime
492When funder’s liability arises for cost of LTR contracted care of qualifying person
493When funder’s liability arises for cost of LTR contracted care of exempt person or elderly victim of crime
494When funder’s liability arises for cost of LTR contracted care of 50+ single person
495Application of this Part
496MSD may assess person’s financial means and required payments
497Cash assets and income
498Unrealised assets available for personal use
499Deprivation of income or assets
500Assessment must state date and payments and be given to person
501MSD may supply assessment to applicable DHB
502MSD must review, and may revise, assessment
503Person must advise MSD of change in person’s circumstances
504Information gathering under Schedule 6 of Parts 1 to 8 of Social Security Legislation Rewrite Act 2016
505Rights of review and appeal in Part 7 of Parts 1 to 8 of Social Security Legislation Rewrite Act 2016
506Residential care loan scheme
507Clothing allowance
508Offences: false statements, misleading, or attempting to mislead, to receive or continue to receive advantages
509Time for filing charging document
510Regulations
511Annual adjustments for increase in New Zealand Consumers Price Index
512Annual published notice of amount of income-from-assets exemption
513Repeals and revocations
Legislative history

The Parliament of New Zealand enacts as follows: