Residential Care and Disability Support Services (Exempt Assets—Ex Gratia and Compensation Payments) Amendment Regulations 2019

2019/129

Coat of Arms of New Zealand

Residential Care and Disability Support Services (Exempt Assets—Ex Gratia and Compensation Payments) Amendment Regulations 2019

Patsy Reddy, Governor-General

Order in Council

At Wellington this 17th day of June 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—Ex Gratia and Compensation Payments) Amendment Regulations 2019.

2 Commencement

These regulations come into force on 21 June 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, row 11,—

(a)

after “the Crown”, insert “or a specified other entity”; and

(b)

delete “Only for the first 12 months after the payment is made”.

(2)

In Schedule 3, Part 10 heading, after the Crown, insert or specified other entity.

(3)

In Schedule 3, clause 14, definition of compensation, paragraph (a)(ii), after “the Crown”, insert “or a specified other entity”.

(4)

In Schedule 3, clause 14, insert in their appropriate alphabetical order:

faith-based institution means an organisation whose purpose or activity is connected to any religious or spiritual belief system,—

(a)

however the organisation is described; and

(b)

whether or not the organisation is formally incorporated; and

(c)

whether or not the organisation is connected with any 1 or more particular faiths, religions, or denominations

specified other entity means any person who, or unincorporated body of persons that, is not the Crown (as defined in clause 2), but is all or any of the following:

(a)

any entity (that is, any society, institution, or trustees of a trust) registered as a charitable entity under the Charities Act 2005:

(b)

any trustees or society incorporated as a board under the Charitable Trusts Act 1957:

(c)

a society incorporated under the Incorporated Societies Act 1908:

(d)

a person who, when the harm or claimed harm referred to in clause 15(b) occurred or is alleged to have occurred, was engaged, funded, licensed, or registered by the Crown (as so defined) to provide services that are related to that harm or claimed harm:

(e)

a faith-based institution

(5)

In Schedule 3, replace clause 15 with:

15 Payments

This clause applies to any compensation or ex gratia payment—

(a)

made by the Crown or a specified other entity to a person; and

(b)

made in recognition of harm, or in respect of a claim of harm, that occurred or is alleged to have occurred in New Zealand; and

(c)

made before 21 June 2019 and on and after that date retained (in whole or in part) by the person, or made on or after 21 June 2019.

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 21 June 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 any compensation or ex gratia payment—

  • made by the Crown or a specified other entity to a person; and

  • made in recognition of harm, or in respect of a claim of harm, that occurred or is alleged to have occurred in New Zealand; and

  • made before 21 June 2019 and on and after that date retained (in whole or in part) by the person, or made on or after 21 June 2019.

The amendments ensure that the payment is an exempt asset for the purposes of the means assessment. The exemption applies with no specified time limit (that is, not only for the first 12 months after the payment is made or, for payments made before 21 June 2019, not only for the first 12 months starting on 21 June 2019).

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 20 June 2019.

These regulations are administered by the Ministry of Social Development.