Health Entitlement Cards Regulations 1993

2 Interpretation

(1)

In these regulations, unless the context otherwise requires,—

beneficiary has the meaning given to it by section 3(1) of the Social Security Act 1964

card means a community services card, a high use health card, or a pharmaceutical subsidy card, as the case may require

cardholder means a person issued with a community services card, a high use health card, or a pharmaceutical subsidy card, as the case may require

child has the meaning given to it by section 3(1) of the Social Security Act 1964

community services card means a community services card issued under regulation 4

department means the department for the time being responsible for the administration of the Social Security Act 1964

dependent child has the meaning given to it by section 3(1) of the Social Security Act 1964; but does not include a child for whom an orphan’s benefit or an unsupported child’s benefit is paid under that Act

Director-General means,—

(a)

in this regulation and in Part 1, the chief executive of the department; and

(b)

in Parts 2 and 3, the Director-General within the meaning of the Health Act 1956

eligible, in relation to a community services card, means eligible within the meaning of regulation 8

family assistance credit means a credit of tax identified in subparts MA to MF, and MZ of the Income Tax Act 2007, excluding any minimum family tax credit

family credit income means the family scheme income of any person (or, in the case of a married or partnered person, the combined income of the person and his or her spouse or partner) that—

(a)

is calculated in accordance with subpart MB of the Income Tax Act 2007; and

(b)

includes any family assistance credit and any minimum family tax credit (as that term is defined in section YA 1 of the Income Tax Act 2007) that was or is to be paid or credited to that person (or the spouse or partner, as the case may be) within the tax year to which the calculation relates

family income means, as the case requires,—

(a)

the income of a single person:

(b)

the combined income of a married or partnered couple (if neither of them are receiving residential care disability services):

(c)

the income of a married or partnered person who is receiving residential care disability services:

(d)

the income of a married or partnered person whose spouse or partner is receiving residential care disability services

full-time course has the meaning given to it by regulation 2(1) of the Student Allowances Regulations 1998 (SR 1998/277)

general medical practice means a medical practice that—

(a)

has a contract to provide services to a primary health organisation; or

(b)

is a member of a primary health organisation

health practitioner means a person who—

(a)

is registered under the Health Practitioners Competence Assurance Act 2003 with the relevant authority; and

(b)

is working within the scope of his or her practice; and

(c)

is providing general medical services; and

(d)

is a person—

(i)

employed by, or contracted to, a general medical practice; or

(ii)

employed by, or contracted to, a primary health organisation to work as a member of a general medical practice

high use health card means a high use health card issued under regulation 18

income has the meaning given to it by section 3(1) of the Social Security Act 1964 (except where it is used in the term net income)

licensed hospital means a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001

married or partnered means—

(a)

being married to a spouse (subject to regulations 3(b) and 22(2)); or

(b)

being in a civil union with a civil union partner

medical practitioner means a health practitioner who—

(a)

is registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine or deemed to be so registered; and

(b)

is working within the scope of his or her practice; and

(c)

is providing general medical services; and

(d)

is a person—

(i)

employed by, or contracted to, a general medical practice; or

(ii)

employed by, or contracted to, a primary health organisation to work as a member of a general medical practice; or

(iii)

providing general medical services in accordance with a notice issued by the Minister under section 88 of the New Zealand Public Health and Disability Act 2000

net income means net income as defined in section YA 1 of the Income Tax Act 2007; and includes—

(a)

New Zealand superannuation payable under Part 1 of the New Zealand Superannuation and Retirement Income Act 2001; and

(b)

income which is derived outside New Zealand; and

(c)

50% of any amount received by way of a pension under a retirement scheme (within the meaning of section 6(1) of the Financial Markets Conduct Act 2013); and

(d)

50% of a pension or annuity to which section EX 43(2) and (3) of the Income Tax Act 2007 applies; and

(e)

50% of any amount received under an annuity paid on or after 1 April 1990 in respect of a policy of life insurance—

(i)

offered or entered into in New Zealand by a life insurer (as that term is defined in paragraph (a) of the definition of the term life insurer in section YA 1 of the Income Tax Act 2007); or

(ii)

offered or entered into outside of New Zealand by a life insurer (as so defined) that is resident in New Zealand within the meaning of section YD 1 or YD 2 (excluding section YD 2(2)) of the Income Tax Act 2007

ordinarily resident in New Zealand, in relation to any person, includes a person who the Director-General is satisfied is in the process of claiming recognition as a refugee or a protected person in New Zealand; but does not include any other person—

(a)

unlawfully resident or present in New Zealand; or

(b)

lawfully resident or present in New Zealand only by virtue of holding a temporary entry class visa or transit visa

partner means, in the phrase “spouse or partner” and in related contexts, a civil union partner

pharmaceutical subsidy card means a pharmaceutical subsidy card issued by a pharmacist under regulation 23

pharmacist means a health practitioner who is, or is deemed to be, registered with the Pharmacy Council established by section 114(5) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of pharmacy

primary health organisation means a primary health organisation that has signed a primary health organisation services agreement for the delivery of primary health care with a district health board

provider means a provider of services funded under the New Zealand Public Health and Disability Act 2000

recognised course of study has the meaning given to it by regulation 2(1) of the Student Allowances Regulations 1998 (SR 1998/277)

residential care disability services has the meaning given to it in section 3(1) of the Social Security Act 1964

service agreement has the meaning given to it by section 25 of the Act; and includes an arrangement that is enforceable under section 88 of the Act

single includes a person regarded as single under regulation 3

student means—

(a)

a person attending a secondary school—

(i)

within the meaning of section 145(1) of the Education Act 1989; or

(ii)

that is an integrated secondary school under the Private Schools Conditional Integration Act 1975; or

(iii)

that is a private secondary school registered under section 35A of the Education Act 1989; or

(b)

a person attending a class, above Form II, at a composite school within the meaning of section 145(1) of the Education Act 1989; or

(c)

a person who is undertaking a recognised course of study in a full-time course at any tertiary institution; or

(d)

a person who has left school but intends to undertake a recognised course of study in a full-time course at a tertiary institution during the next applicable academic year

SuperGold Card means a SuperGold Card issued under regulation 4(1) of the SuperGold Card regulations

SuperGold Card regulations means the Social Security (SuperGold Card) Regulations 2007

superannuitant means a person entitled in his or her own right to receive New Zealand superannuation under Part 1 of the New Zealand Superannuation and Retirement Income Act 2001

superannuation income means—

(a)

a person’s net income, in the case of—

(i)

a single superannuitant:

(ii)

a married or partnered superannuitant who is receiving residential care disability services:

(iii)

a married or partnered superannuitant whose spouse or partner is receiving residential care disability services; or

(b)

the combined net income of the person and his or her spouse or partner, in the case of a married or partnered superannuitant where neither spouse or partner is receiving residential care disability services

tax year has the meaning given to it by section YA 1 of the Income Tax Act 2007

tertiary institution means a tertiary provider within the meaning of regulation 2(1) of the Student Allowances Regulations 1998 (SR 1998/277).

(2)

Except as provided otherwise in these regulations or where the context otherwise requires, expressions defined in section 6 of the Act shall have the same meanings in these regulations.

Regulation 2(1): substituted, on 1 February 1999, by regulation 2 of the Health Entitlement Cards Amendment Regulations 1998 (SR 1998/459).

Regulation 2(1) Act: substituted, on 1 January 2001, by section 111(2) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Regulation 2(1) family assistance credit: inserted, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

Regulation 2(1) family assistance credit: amended (with effect on 1 April 2008), on 27 February 2014, by section 144(a) of the Taxation (Annual Rates, Foreign Superannuation, and Remedial Matters) Act 2014 (2014 No 4).

Regulation 2(1) family credit income: amended, on 1 April 2014, by section 144(b) of the Taxation (Annual Rates, Foreign Superannuation, and Remedial Matters) Act 2014 (2014 No 4).

Regulation 2(1) family credit income: amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Regulation 2(1) family credit income paragraph (a): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

Regulation 2(1) family credit income paragraph (b): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

Regulation 2(1) family credit income paragraph (b): amended, on 19 December 2007 (with effect on 1 April 2007), by section 302 of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).

Regulation 2(1) family credit income paragraph (b): amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Regulation 2(1) family credit income paragraph (b): amended, on 1 April 2005 (effective for 2005–06 tax year and later tax years, except when the context requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).

Regulation 2(1) family income: substituted, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Regulation 2(1) general medical practice: inserted, on 1 May 2014, by regulation 4(1) of the Health Entitlement Cards (Health Practitioners) Amendment Regulations (No 2) 2014 (LI 2014/106).

Regulation 2(1) health practitioner: inserted, on 1 May 2014, by regulation 4(1) of the Health Entitlement Cards (Health Practitioners) Amendment Regulations (No 2) 2014 (LI 2014/106).

Regulation 2(1) income year: revoked, on 1 April 2005 (effective for 2005–06 tax year and later tax years, except when the context requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).

Regulation 2(1) licensed hospital: substituted, on 1 October 2002, by section 58(3) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).

Regulation 2(1) married or partnered: inserted, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Regulation 2(1) married person: revoked, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Regulation 2(1) medical practitioner: replaced, on 1 May 2014, by regulation 4(2) of the Health Entitlement Cards (Health Practitioners) Amendment Regulations (No 2) 2014 (LI 2014/106).

Regulation 2(1) net income: amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

Regulation 2(1) net income paragraph (a): amended, on 21 April 2005, by section 9(2) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

Regulation 2(1) net income paragraph (c): amended, on 1 December 2014, by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).

Regulation 2(1) net income paragraph (d): substituted, on 1 April 2005 (effective for 2005–06 tax year and later tax years, except when the context requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).

Regulation 2(1) net income paragraph (d): amended (with effect on 1 April 2008), on 21 December 2010 (applying for the 2008–09 and later income years), by section 188 of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).

Regulation 2(1) net income paragraph (e)(i): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

Regulation 2(1) net income paragraph (e)(ii): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

Regulation 2(1) ordinarily resident in New Zealand: substituted, at 2 am on 29 November 2010, by section 406(2) of the Immigration Act 2009 (2009 No 51).

Regulation 2(1) Part KD credit: revoked, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

Regulation 2(1) partner: inserted, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Regulation 2(1) pharmacist: substituted, on 18 September 2004, by section 175(3) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Regulation 2(1) primary health organisation: inserted, on 1 May 2014, by regulation 4(1) of the Health Entitlement Cards (Health Practitioners) Amendment Regulations (No 2) 2014 (LI 2014/106).

Regulation 2(1) provider: substituted, on 1 January 2001, by section 111(2) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Regulation 2(1) service agreement: substituted, on 1 January 2001, by section 111(2) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Regulation 2(1) single: inserted, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Regulation 2(1) superannuitant: amended, on 21 April 2005, by section 9(2) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

Regulation 2(1) superannuation income: substituted, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Regulation 2(1) SuperGold Card: inserted, on 2 August 2007, by regulation 4 of the Health Entitlement Cards Amendment Regulations (No 2) 2007 (SR 2007/203).

Regulation 2(1) SuperGold Card regulations: inserted, on 2 August 2007, by regulation 4 of the Health Entitlement Cards Amendment Regulations (No 2) 2007 (SR 2007/203).

Regulation 2(1) tax year: inserted, on 1 April 2005 (effective for 2005–06 tax year and later tax years, except when the context requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).

Regulation 2(1) tax year: amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

Regulation 2(1) unmarried person: revoked, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Regulation 2(2): amended, on 1 January 2001, pursuant to section 110(1)(a) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).