Social Security (Long-term Residential Care) Amendment Regulations 2012

2012/5

Coat of Arms of New Zealand

Social Security (Long-term Residential Care) Amendment Regulations 2012

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 13th day of February 2012

Present:
His Excellency the Governor-General in Council

Pursuant to section 155 of the Social Security Act 1964, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1  Title
  • These regulations are the Social Security (Long-term Residential Care) Amendment Regulations 2012.

2  Commencement
  • These regulations come into force on 17 February 2012.

3  Principal regulations amended
4  Regulation 10 amended (Assets exempt from means assessment)
  • (1) In regulation 10(1)(k), replace regulation 6(2) of the Social Security (Income and Cash Assets Exemptions: Ex Gratia and Compensation Payments Made by the Crown) Regulations 2008 with regulation 15 of the Social Security (Income and Cash Assets Exemptions) Regulations 2011.

    (2) After regulation 10(1)(1b), insert:

    • (1c) for the first 12 months after the payment concerned is made, every payment—

      • (i) of back wages for a sleepover that began to be performed on or after 1 June 2004; and

      • (ii) made by a specified employer, made on or after 18 October 2011, and made to any of the following who is entitled to the payment under any of sections 14 to 16 of the Sleepover Act:

        • (A) a current employee:

        • (B) a recent employee:

        • (C) a historic employee:.

    (3) After regulation 10(1D), insert:

    • (1DA) In subclause (1)(lc),—

      Sleepover Act means the Sleepover Wages (Settlement) Act 2011

      specified employer means—

      • (a) Idea Services; or

      • (b) Timata Hou; or

      • (c) any other employer in the health and disability sector to whom subpart 2 of Part 2 of the Sleepover Act applies because of an order made under section 24(1)(b) of the Sleepover Act; or

      • (d) any other employer to whom subparts 1 and 2 of Part 2 of the Sleepover Act apply because of an order made under section 24(1)(a) of the Sleepover Act.

    • (1DB) A term that is defined in section 4 or 23 of the Sleepover Act and that is used but not defined in subclause (1)(lc) or (1DA) of this regulation has the same meaning as in section 4 or 23 of the Sleepover Act.

    (4) In regulation 10(1E), replace regulation 3 of the Social Security (Income and Cash Assets Exemptions—Payments to Victims of Crime) Regulations 2009 with regulation 36 of the Social Security (Income and Cash Assets Exemptions) Regulations 2011.

Rebecca Kitteridge,
Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 17 February 2012, amend the Social Security (Long-term Residential Care) Regulations 2005. Some of the amendments update references. The rest ensure that certain payments made because of entitlements under the Sleepover Wages (Settlement) Act 2011 are, for the first 12 months after the payments are made, assets that are exempt from means assessments for long-term residential care.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 16 February 2012.

These regulations are administered by the Ministry of Social Development.