Residential Care and Disability Support Services (Exempt Assets—Christchurch Mosques Attack Support Payments) Amendment Regulations 2019

2019/69

Coat of Arms of New Zealand

Residential Care and Disability Support Services (Exempt Assets—Christchurch Mosques Attack Support Payments) Amendment Regulations 2019

Patsy Reddy, Governor-General

Order in Council

At Wellington this 1st day of April 2019

Present:
The Right Hon Winston Peters presiding in Council

These regulations are made under section 74 of the Residential Care and Disability Support Services Act 2018 on the advice and with the consent of the Executive Council.

Regulations

1 Title

These regulations are the Residential Care and Disability Support Services (Exempt Assets—Christchurch Mosques Attack Support Payments) Amendment Regulations 2019.

2 Commencement

These regulations come into force on 2 April 2019.

3 Principal regulations

These regulations amend the Residential Care and Disability Support Services Regulations 2018 (the principal regulations).

4 Schedule 3 amended

(1)

In Schedule 3, clause 1, after row 19, insert:

20Christchurch mosques attack support payment and income to which clause 33 appliesExempt assets of the person or the person’s spouse or partner Only for the first 12 months after the payment is made

(2)

In Schedule 3, after Part 18, insert the Part 19 set out in the Schedule of these regulations.

Schedule New Part 19 inserted into Schedule 3

r 4(2)

Part 19 Christchurch mosques attack support payments

32 Interpretation

In this Part, unless the context otherwise requires, Christchurch mosques attack support payment

(a)

means a payment made to a person because they are a person affected by an attack on 15 March 2019 on a Christchurch mosque; and

(b)

includes, without limitation, a payment specified in paragraph (a) made from donations collected or made by all or any of the following:

(i)

an organisation that has collected donations, for example, by means that are or include any of the following crowdfunding websites:

(A)

www.everydayhero.co.nz:

(B)

www.givealittle.co.nz:

(C)

www.launchgood.com:

(ii)

businesses:

(iii)

employers:

(iv)

individuals:

(v)

overseas governments.

33 Payments and income

This clause applies to—

(a)

a Christchurch mosques attack support payment made to a person on or after 2 April 2019; and

(b)

any income derived (directly or indirectly) by the person from the payment referred to in paragraph (a).

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 2 April 2019, amend Schedule 3 of the Residential Care and Disability Support Services Regulations 2018. That schedule lists exempt assets for the purposes of conducting a means assessment to determine a person’s eligibility for financial support for long-term residential care under the Residential Care and Disability Support Services Act 2018. The amendments relate to a Christchurch mosques attack support payment made to a person on or after 2 April 2019 and related income. Their effect is to ensure that the payment and related income are an exempt asset for the purposes of the means assessment.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 1 April 2019.

These regulations are administered by the Ministry of Social Development and the Ministry of Health.