Act Repealed Latest version as at 01 August 1991 (as enacted) | 1991 No 79

Disabled Persons Community Welfare Amendment Act 1991

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Contents

Short Title and commencement

Exercise of Director-General’s discretion

Relief for parents and guardians

Training of young persons

Effect of depriving oneself of income or assets

Regulations

Disabled Persons Community Welfare Amendment Act 1991

Public Act		1991 No 79
Date of assent		1 August 1991

	Title
1	Short Title and commencement
2	Exercise of Director-General’s discretion
3	Relief for parents and guardians
4	Training of young persons
5	Effect of depriving oneself of income or assets
6	Regulations
	Administrative information

An Act to amend the Disabled Persons Community Welfare Act 1975

BE IT ENACTED by the Parliament of New Zealand as follows:

1 Short Title and commencement

(1)

This Act may be cited as the Disabled Persons Community Welfare Amendment Act 1991, and shall be read together with and deemed part of the Disabled Persons Community Welfare Act 1975 (hereinafter referred to as the principal Act).

(2)

Except as provided in sections 3(2) and 4(2) of this Act, this Act shall come into force on the 1st day of October 1991.

2 Exercise of Director-General’s discretion

The principal Act is hereby amended by inserting, after section 5, the following section:

“5a

In the exercise of his or her powers of discretion under this Act, the Director-General shall have regard to the income and assets of the disabled person find his or tier spouse, and, in the case of a disabled child, the income and assets of that child’s parents and any other person who is liable in law to maintain that child.”

3 Relief for parents and guardians

(1)

Section 12(1) of the principal Act is hereby amended by omitting the words “in respect of whom family benefit is payable under Part I of the Social Security Act 1964”, and substituting the words “who is a dependent child within the meaning of section 3(1) of the Social Security Act 1964”.

(2)

This section shall come into force on the 1st day of August 1991.

4 Training of young persons

(1)

Section 16 of the principal Act is hereby amended by omitting the expression “15 years” in both places where it occurs, and substituting in each case the expression “16 years”.

(2)

This section shall come into force on the 1st day of August 1991.

5 Effect of depriving oneself of income or assets

The principal Act is hereby amended by inserting, after section 30, the following section:

“30a

“(1)

If the Director-General is satisfied that any person whose assets or income affect the exercise of the Director-General’s discretion under section 5a of this Act has directly or indirectly deprived himself or herself of any income or assets which results in the applicant becoming entitled to receive assistance under this Act, the Director-General may, in the Director-General’s discretion, refuse to grant, reduce, or terminate any assistance to the applicant.

“(2)

If any person whose assets or income affect the exercise of the Director-General’s discretion under section 5a of this Act—

“(a)

Lets his or her home; or

“(b)

Sells it on terms that—

“(i)

Provide for the payment of the whole or any part of the purchase money by instalments; or

“(ii)

Secure the whole or any part of the purchase money by mortgage—

the Director-General may, in the Director-General’s discretion, set off against the rent or interest that person derives from letting or selling his or her home—

“(c)

Any rent payable by that person in respect of the tenancy of another home:

“(d)

Any interest payable, or unpaid purchase money owing, by that person in respect of the purchase of another home:

“(e)

Any interest payable by that person, or any money advanced to that person, for the purchase of another home:

“(f)

Any money payable by that person in respect of his or her board, lodging, or maintenance, whether in a private home or in any public or private institution.”

6 Regulations

Section 31 of the principal Act is hereby amended by repealing paragraph (i), and substituting the following paragraphs:

“(i)

Prescribing fees for the registration of homes under section 18 of this Act:

“(j)

Prescribing income tests or assets tests in relation to the receiving of financial assistance under this Act:

“(k)

Providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.”

This Act is administered in the Department of Social Welfare.

Disabled Persons Community Welfare Amendment Act 1991