Residential Care and Disability Support Services (Exempt Assets—Refunds of Specified Debt Repayments) Amendment Regulations 2019

2019/77

Coat of Arms of New Zealand

Residential Care and Disability Support Services (Exempt Assets—Refunds of Specified Debt Repayments) Amendment Regulations 2019

Patsy Reddy, Governor-General

Order in Council

At Wellington this 15th day of April 2019

Present:
Her Excellency the Governor-General 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—Refunds of Specified Debt Repayments) Amendment Regulations 2019.

2 Commencement

These regulations come into force on 16 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 20, insert:

21Refund of a debt repayment and income to which clause 35 appliesExempt assets of the person or the person’s spouse or partner Only for the first 12 months after the date the refund is made

(2)

In Schedule 3, after Part 19, insert the Part 20 set out in the Schedule of these regulations.

Schedule New Part 20 inserted into Schedule 3

r 4(2)

Part 20 Refunds of debt repayments made by recipients of recoverable financial assistance relating to alleged methamphetamine contamination

34 Interpretation

In this Part, unless the context otherwise requires,—

specified debt repayment means a debt repayment made to MSD, on or after 1 July 2013, in respect of recoverable financial assistance granted to A to meet certain costs arising from Housing New Zealand Corporation’s zero-tolerance methamphetamine contamination policy

Housing New Zealand Corporation’s zero-tolerance methamphetamine contamination policy means the policy applied by Housing New Zealand Corporation on methamphetamine contamination between 1 July 2013 and 1 June 2018.

35 Payments and income

This clause applies to—

(a)

a refund to a person (A) of the amount of a specified debt repayment; and

(b)

any income derived (directly or indirectly) by A from the refund 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 16 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 the circumstances where—

  • the Ministry of Social Development (MSD) has granted a person recoverable financial assistance to meet certain costs incurred by the person as a result of Housing New Zealand Corporation’s zero-tolerance methamphetamine contamination policy; and

  • on or after 1 July 2013, the person has made a payment to MSD in reduction of the debt they owe MSD for the financial assistance received; and

  • MSD refunds the amount of that repayment.

The amendments ensure that the amount of the refund 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: 18 April 2019.

These regulations are administered by the Ministry of Social Development.