Social Security (Long-term Residential Care) Amendment Regulations (No 4) 2018

2018/177

Coat of Arms of New Zealand

Social Security (Long-term Residential Care) Amendment Regulations (No 4) 2018

Patsy Reddy, Governor-General

Order in Council

At Wellington this 24th day of September 2018

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 4) 2018.

2 Commencement

These regulations come into force on 1 October 2018.

3 Principal regulations

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

4 Regulation 3 amended (Interpretation)

In regulation 3(1), insert in their appropriate alphabetical order:

Crown means all or any of the following:

(a)

the Sovereign in right of New Zealand:

(b)

all Ministers of the Crown, and all departments of the Public Service specified in Schedule 1 of the State Sector Act 1988:

(c)

Crown entities, as defined in section 7(1) of the Crown Entities Act 2004 (for example, DHBs):

(d)

every other instrument of the Crown in respect of the Government of New Zealand, whether the instrument is or was an agency, corporation, department, division, enterprise, service, or otherwise (for example, every predecessor in title of a DHB)

DHB has the meaning given to it by section 6(1) of the New Zealand Public Health and Disability Act 2000

predecessor in title, in relation to a DHB, has the meaning given to it by section 2(1) of the Health Sector (Transfers) Act 1993

5 Regulation 10 amended (Assets exempt from means assessment)

(1)

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

(s)

for a person with a disability (A), any direct payment of disability support made by or on behalf of the Crown to A, or a person on A’s behalf, for the purpose of purchasing or obtaining disability support services for A.

(2)

Replace regulation 10(1B) with:

(1B)

In subclause (1)(f), New Zealand blood supply and personal injury have the same meanings as in regulation 28 of the Social Security (Income and Cash Assets Exemptions) Regulations 2011.

(3)

After regulation 10(1G), insert:

(1H)

In subclause (1)(s), disability support services has the same meaning as in section 6(1) of the New Zealand Public Health and Disability Act 2000.

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 1 October 2018, amend the Social Security (Long-term Residential Care) Regulations 2005 (the principal regulations). The effect of the amendments is to—

  • extend the categories of assets that are exempt from means assessment under Part 4 of the Social Security Act 1964 to include any direct payment of disability support made by or on behalf of the Crown to a person, or another person on that person’s behalf, for the purpose of purchasing or obtaining disability support services for the person; and

  • update the principal regulations to incorporate some terms defined in the Social Security (Income and Cash Assets Exemptions) Regulations 2011.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 27 September 2018.

These regulations are administered by the Ministry of Social Development.