Social Security (Long-term Residential Care) Amendment Regulations (No 3) 2017

2017/226

Coat of Arms of New Zealand

Social Security (Long-term Residential Care) Amendment Regulations (No 3) 2017

Patsy Reddy, Governor-General

Order in Council

At Wellington this 14th day of August 2017

Present:
Her Excellency the Governor-General in Council

These regulations are made under section 155 of the Social Security Act 1964 on the advice and with the consent of the Executive Council.

Regulations

1 Title

These regulations are the Social Security (Long-term Residential Care) Amendment Regulations (No 3) 2017.

2 Commencement

These regulations come into force on 18 August 2017.

3 Principal regulations

These regulations amend the Social Security (Long-term Residential Care) Regulations 2005 (the principal regulations).

4 Regulation 10 amended (Assets exempt from means assessment)

(1)

After regulation 10(1)(q), insert:

(r)

for the first 12 months after the payment concerned is made, a lump sum payment of arrears of temporary additional support made to the person on or after 18 August 2017.

(2)

In regulation 10(1A), replace “(q)” with “(r)”.

(3)

After regulation 10(1F), insert:

(1G)

For the purpose of this subclause and subclause (1)(r) and regulation 11(e),—

lump sum eligibility requirements, for a person (A), means that,—

(a)

on 1 April 2006, A was entitled to continue receiving the special benefit; and

(b)

during any period on or after 1 April 2006, A would have received more assistance from temporary additional support than the special benefit but was not advised by the department that A could apply for temporary additional support (lump sum eligibility period); and

(c)

in response to advice by the department on or after 18 August 2017, A cancels the special benefit and applies for temporary additional support in respect of any lump sum eligibility period

lump sum payment of arrears of temporary additional support means a lump sum payment of arrears of temporary additional support—

(a)

made as a result of an application of section 80AA of the Act (Minister may allow back-dating of benefit where earlier failure to grant it based on error); and

(b)

made to—

(i)

a person (A) who meets the lump sum eligibility requirements; or

(ii)

a person (B) who, during any lump sum eligibility period, is or was the spouse or partner of A and is or was entitled, under section 83 of the Act, to an apportionment of any other benefit payable to A; and

(c)

calculated after the deduction of the amount of the special benefit that was paid to A or B during any lump sum eligibility period

special benefit means the special benefit as continued under section 23 of the Social Security (Working for Families) Amendment Act 2004

temporary additional support means the benefit described in section 61G of the Act.

5 Regulation 11 amended (Income exempt from means assessment)

After regulation 11(d), insert:

(e)

for the first 12 months after the payment concerned is made, any income derived from a lump sum payment of arrears of temporary additional support (as defined in regulation 10(1G)) made to the person on or after 18 August 2017.

Michael Webster,
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 18 August 2017, are made under the Social Security Act 1964 (the Act). They amend the Social Security (Long-term Residential Care) Regulations 2005. The amendments relate to a lump sum payment of arrears of temporary additional support made, on or after 18 August 2017, as a result of an application of section 80AA of the Act (Minister may allow back-dating of benefit where earlier failure to grant it based on error). The amendments ensure that, for the first 12 months after the lump sum payment is made,—

  • the payment is an asset exempt from means assessment:

  • any income derived from the payment is income exempt from means assessment.

Regulatory impact statement

The Ministry of Social Development produced a regulatory impact statement on 14 June 2017 to help inform the decisions taken by the Government relating to the contents of this instrument.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 17 August 2017.

These regulations are administered by the Ministry of Social Development.