Health Entitlement Cards Regulations 1993

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Reprint as at 9 November 2020

Health Entitlement Cards Regulations 1993

(SR 1993/169)

Catherine A Tizard, Governor-General

Order in Council

At Wellington this 14th day of June 1993

Present:
Her Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry of Health.

Pursuant to section 52 of the Health and Disability Services Act 1993, section 25(1)(c) of the Health Reforms (Transitional Provisions) Act 1993, and section 132A of the Social Security Act 1964, Her Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.

1	Title and commencement
2	Interpretation
	Part 1 Community services cards
3	Conjugal status
4	Issue and recall of community services cards
4A	Issue and use of SuperGold Cards
5	Commencement dates and expiry dates of community services cards
6	Arrangements for manufacture, etc, of community services cards
7	Form of community services card
8	Eligibility for community services cards
9	Ascertainment of income
10	Reviews and appeals
11	Obligations of cardholders
12	Authorised uses of community services cards
13	Unauthorised uses of community services cards
14	Applications and notices
15	Offences
16	Transitional provisions [Revoked]
	Part 2 High use health cards
17	Interpretation
18	Issue of high use health cards
19	Commencement dates and expiry dates of high use health cards
20	Applications for high use health cards
20A	Authorised uses of high use health cards
20B	Unauthorised uses of high use health cards
21	Transitional provisions [Revoked]
	Part 3 Pharmaceutical subsidy cards
22	Interpretation
23	Eligibility for and issue of pharmaceutical subsidy cards
23A	Authorised uses of pharmaceutical subsidy cards
23B	Unauthorised uses of pharmaceutical subsidy cards
24	Transitional provisions [Revoked]
	Gazette Information
	Reprint notes

Regulations

1 Title and commencement

(1)

These regulations may be cited as the Health Entitlement Cards Regulations 1993.

(2)

These regulations shall come into force on 1 July 1993.

2 Interpretation

(1)

In these regulations, unless the context otherwise requires,—

Act means the New Zealand Public Health and Disability Act 2000

beneficiary has the meaning given to it by Schedule 2 of the Social Security Act 2018

card means a community services card, a high use health card, or a pharmaceutical subsidy card, as the case may require

cardholder means a person issued with a community services card, a high use health card, or a pharmaceutical subsidy card, as the case may require

child has the meaning given to it by Schedule 2 of the Social Security Act 2018

community services card means a community services card issued under regulation 4

department means the department for the time being responsible for the administration of the Social Security Act 2018

dependent child has the meaning given to it by Schedule 2 of the Social Security Act 2018; but does not include a child for whom an orphan’s benefit or an unsupported child’s benefit is paid under that Act

Director-General means,—

(a)

in this regulation and in Part 1, the chief executive of the department; and

(b)

in Parts 2 and 3, the Director-General within the meaning of the Health Act 1956

eligible, in relation to a community services card, means eligible within the meaning of regulation 8

family assistance credit means a credit of tax identified in subparts MA to MG, and MZ of the Income Tax Act 2007, excluding any minimum family tax credit

family credit income means the family scheme income of any person (or, in the case of a married or partnered person, the combined income of the person and his or her spouse or partner) that—

(a)

is calculated in accordance with subpart MB of the Income Tax Act 2007; and

(b)

includes any family assistance credit and any minimum family tax credit (as that term is defined in section YA 1 of the Income Tax Act 2007) that was or is to be paid or credited to that person (or the spouse or partner, as the case may be) within the tax year to which the calculation relates

family income means, as the case requires,—

(a)

the income of a single person:

(b)

the combined income of a married or partnered couple (if neither of them are receiving residential care disability services):

(c)

the income of a married or partnered person who is receiving residential care disability services:

(d)

the income of a married or partnered person whose spouse or partner is receiving residential care disability services

full-time course has the meaning given to it by regulation 2(1) of the Student Allowances Regulations 1998 (SR 1998/277)

general medical practice means a medical practice that—

(a)

has a contract to provide services to a primary health organisation; or

(b)

is a member of a primary health organisation

health practitioner means a person who—

(a)

is registered under the Health Practitioners Competence Assurance Act 2003 with the relevant authority; and

(b)

is working within the scope of his or her practice; and

(c)

is providing general medical services; and

(d)

is a person—

(i)

employed by, or contracted to, a general medical practice; or

(ii)

employed by, or contracted to, a primary health organisation to work as a member of a general medical practice

high use health card means a high use health card issued under regulation 18

income has the meaning given to it by Schedule 2 of the Social Security Act 2018 (except where it is used in the term net income)

licensed hospital means a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001

married or partnered means—

(a)

being married to a spouse (subject to regulations 3(b) and 22(2)); or

(b)

being in a civil union with a civil union partner

medical practitioner means a health practitioner who—

(a)

is registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine or deemed to be so registered; and

(b)

is working within the scope of his or her practice; and

(c)

is providing general medical services; and

(d)

is a person—

(i)

employed by, or contracted to, a general medical practice; or

(ii)

employed by, or contracted to, a primary health organisation to work as a member of a general medical practice; or

(iii)

providing general medical services in accordance with a notice issued by the Minister under section 88 of the New Zealand Public Health and Disability Act 2000

net income means net income as defined in section YA 1 of the Income Tax Act 2007; and includes—

(a)

New Zealand superannuation payable under Part 1 of the New Zealand Superannuation and Retirement Income Act 2001; and

(b)

income which is derived outside New Zealand; and

(c)

50% of any amount received by way of a pension under a retirement scheme (within the meaning of section 6(1) of the Financial Markets Conduct Act 2013); and

(d)

50% of a pension or annuity to which section EX 43(2) and (3) of the Income Tax Act 2007 applies; and

(e)

50% of any amount received under an annuity paid on or after 1 April 1990 in respect of a policy of life insurance—

(i)

offered or entered into in New Zealand by a life insurer (as that term is defined in paragraph (a) of the definition of the term life insurer in section YA 1 of the Income Tax Act 2007); or

(ii)

offered or entered into outside of New Zealand by a life insurer (as so defined) that is resident in New Zealand within the meaning of section YD 1 or YD 2 (excluding section YD 2(2)) of the Income Tax Act 2007

ordinarily resident in New Zealand, in relation to any person, includes a person who the Director-General is satisfied is in the process of claiming recognition as a refugee or a protected person in New Zealand; but does not include any other person—

(a)

unlawfully resident or present in New Zealand; or

(b)

lawfully resident or present in New Zealand only by virtue of holding a temporary entry class visa or transit visa

partner means, in the phrase “spouse or partner” and in related contexts, a civil union partner

pharmaceutical subsidy card means a pharmaceutical subsidy card issued by a pharmacist under regulation 23

pharmacist means a health practitioner who is, or is deemed to be, registered with the Pharmacy Council established by section 114(5) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of pharmacy

primary health organisation means a primary health organisation that has signed a primary health organisation services agreement for the delivery of primary health care with a district health board

provider means a provider of services funded under the New Zealand Public Health and Disability Act 2000

recognised course of study has the meaning given to it by regulation 2(1) of the Student Allowances Regulations 1998 (SR 1998/277)

residential care disability services has the meaning given to residential care services in Schedule 2 of the Social Security Act 2018

service agreement has the meaning given to it by section 25 of the Act; and includes an arrangement that is enforceable under section 88 of the Act

single includes a person regarded as single under regulation 3

social housing has the meaning given in section 2(1) of the Public and Community Housing Management Act 1992

student means—

(a)

a person attending a secondary school—

(i)

within the meaning of section 10(1) of the Education and Training Act 2020; or

(ii)

that is an integrated secondary school under the Education and Training Act 2020; or

(iii)

that is a private secondary school registered under section 214 of the Education and Training Act 2020; or

(b)

a person attending a class, above Form II, at a composite school within the meaning of section 10(1) of the Education and Training Act 2020; or

(c)

a person who is undertaking a recognised course of study in a full-time course at any tertiary institution; or

(d)

a person who has left school but intends to undertake a recognised course of study in a full-time course at a tertiary institution during the next applicable academic year

SuperGold Card means a SuperGold Card issued under regulation 4(1) of the SuperGold Card regulations

SuperGold Card regulations means the Social Security (SuperGold Card) Regulations 2007

superannuitant means a person entitled in his or her own right to receive New Zealand superannuation under Part 1 of the New Zealand Superannuation and Retirement Income Act 2001

superannuation income means—

(a)

a person’s net income, in the case of—

(i)

a single superannuitant:

(ii)

a married or partnered superannuitant who is receiving residential care disability services:

(iii)

a married or partnered superannuitant whose spouse or partner is receiving residential care disability services; or

(b)

the combined net income of the person and his or her spouse or partner, in the case of a married or partnered superannuitant where neither spouse or partner is receiving residential care disability services

tax year has the meaning given to it by section YA 1 of the Income Tax Act 2007

tenant has the meaning given in section 2(1) of the Public and Community Housing Management Act 1992

tertiary institution means a tertiary provider within the meaning of regulation 2(1) of the Student Allowances Regulations 1998 (SR 1998/277).

(2)

Except as provided otherwise in these regulations or where the context otherwise requires, expressions defined in section 6 of the Act shall have the same meanings in these regulations.

Regulation 2(1): substituted, on 1 February 1999, by regulation 2 of the Health Entitlement Cards Amendment Regulations 1998 (SR 1998/459).

Regulation 2(1) Act: substituted, on 1 January 2001, by section 111(2) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Regulation 2(1) beneficiary: amended, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).

Regulation 2(1) child: amended, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).

Regulation 2(1) department: amended, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).

Regulation 2(1) dependent child: amended, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).

Regulation 2(1) family assistance credit: inserted, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

Regulation 2(1) family assistance credit: amended, on 1 July 2018, by regulation 5 of the Health Entitlement Cards Amendment Regulations 2018 (LI 2018/25).

Regulation 2(1) family assistance credit: amended (with effect on 1 April 2008), on 27 February 2014, by section 144(a) of the Taxation (Annual Rates, Foreign Superannuation, and Remedial Matters) Act 2014 (2014 No 4).

Regulation 2(1) family credit income: amended, on 1 April 2014, by section 144(b) of the Taxation (Annual Rates, Foreign Superannuation, and Remedial Matters) Act 2014 (2014 No 4).

Regulation 2(1) family credit income: amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Regulation 2(1) family credit income paragraph (a): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

Regulation 2(1) family credit income paragraph (b): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

Regulation 2(1) family credit income paragraph (b): amended, on 19 December 2007 (with effect on 1 April 2007), by section 302 of the Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109).

Regulation 2(1) family credit income paragraph (b): amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Regulation 2(1) family credit income paragraph (b): amended, on 1 April 2005 (effective for 2005–06 tax year and later tax years, except when the context requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).

Regulation 2(1) family income: substituted, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Regulation 2(1) general medical practice: inserted, on 1 May 2014, by regulation 4(1) of the Health Entitlement Cards (Health Practitioners) Amendment Regulations (No 2) 2014 (LI 2014/106).

Regulation 2(1) health practitioner: inserted, on 1 May 2014, by regulation 4(1) of the Health Entitlement Cards (Health Practitioners) Amendment Regulations (No 2) 2014 (LI 2014/106).

Regulation 2(1) income: amended, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).

Regulation 2(1) income year: revoked, on 1 April 2005 (effective for 2005–06 tax year and later tax years, except when the context requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).

Regulation 2(1) licensed hospital: substituted, on 1 October 2002, by section 58(3) of the Health and Disability Services (Safety) Act 2001 (2001 No 93).

Regulation 2(1) married or partnered: inserted, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Regulation 2(1) married person: revoked, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Regulation 2(1) medical practitioner: replaced, on 1 May 2014, by regulation 4(2) of the Health Entitlement Cards (Health Practitioners) Amendment Regulations (No 2) 2014 (LI 2014/106).

Regulation 2(1) net income: amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

Regulation 2(1) net income paragraph (a): amended, on 21 April 2005, by section 9(2) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

Regulation 2(1) net income paragraph (c): amended, on 1 December 2014, by section 150 of the Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70).

Regulation 2(1) net income paragraph (d): substituted, on 1 April 2005 (effective for 2005–06 tax year and later tax years, except when the context requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).

Regulation 2(1) net income paragraph (d): amended (with effect on 1 April 2008), on 21 December 2010 (applying for the 2008–09 and later income years), by section 188 of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).

Regulation 2(1) net income paragraph (e)(i): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

Regulation 2(1) net income paragraph (e)(ii): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

Regulation 2(1) ordinarily resident in New Zealand: substituted, at 2 am on 29 November 2010, by section 406(2) of the Immigration Act 2009 (2009 No 51).

Regulation 2(1) Part KD credit: revoked, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

Regulation 2(1) partner: inserted, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Regulation 2(1) pharmacist: substituted, on 18 September 2004, by section 175(3) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Regulation 2(1) primary health organisation: inserted, on 1 May 2014, by regulation 4(1) of the Health Entitlement Cards (Health Practitioners) Amendment Regulations (No 2) 2014 (LI 2014/106).

Regulation 2(1) provider: substituted, on 1 January 2001, by section 111(2) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Regulation 2(1) residential care disability services: replaced, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).

Regulation 2(1) service agreement: substituted, on 1 January 2001, by section 111(2) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Regulation 2(1) single: inserted, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Regulation 2(1) social housing: inserted, on 1 December 2018, by regulation 4 of the Health Entitlement Cards Amendment Regulations (No 2) 2018 (LI 2018/205).

Regulation 2(1) social housing: amended, on 1 October 2019, by section 33 of the Kāinga Ora–Homes and Communities Act 2019 (2019 No 50).

Regulation 2(1) student paragraph (a)(i): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

Regulation 2(1) student paragraph (a)(ii): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

Regulation 2(1) student paragraph (a)(iii): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

Regulation 2(1) student paragraph (b): amended, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).

Regulation 2(1) superannuitant: amended, on 21 April 2005, by section 9(2) of the New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42).

Regulation 2(1) superannuation income: substituted, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Regulation 2(1) SuperGold Card: inserted, on 2 August 2007, by regulation 4 of the Health Entitlement Cards Amendment Regulations (No 2) 2007 (SR 2007/203).

Regulation 2(1) SuperGold Card regulations: inserted, on 2 August 2007, by regulation 4 of the Health Entitlement Cards Amendment Regulations (No 2) 2007 (SR 2007/203).

Regulation 2(1) tax year: inserted, on 1 April 2005 (effective for 2005–06 tax year and later tax years, except when the context requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).

Regulation 2(1) tax year: amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

Regulation 2(1) tenant: inserted, on 1 December 2018, by regulation 4 of the Health Entitlement Cards Amendment Regulations (No 2) 2018 (LI 2018/205).

Regulation 2(1) tenant: amended, on 1 October 2019, by section 33 of the Kāinga Ora–Homes and Communities Act 2019 (2019 No 50).

Regulation 2(1) unmarried person: revoked, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Regulation 2(2): amended, on 1 January 2001, pursuant to section 110(1)(a) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Part 1 Community services cards

3 Conjugal status

For the purposes of this Part, the Director-General may, in the Director-General’s discretion,—

(a)

regard as single any married or partnered person who is living apart from his or her spouse or partner:

(b)

regard as married any man and woman who, not being legally married or in a civil union, have entered into a relationship in the nature of marriage—

and may determine a date on which they shall be regarded as having commenced to live apart or a date on which they shall be regarded as having entered into such a relationship, as the case may be, and may then, in his or her discretion, issue, refuse to issue, or recall a community services card accordingly.

Regulation 3(a): substituted, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Regulation 3(b): substituted, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

4 Issue and recall of community services cards

(1)

The Director-General may from time to time, on application or otherwise,—

(a)

issue any eligible person with a community services card:

(b)

recall, before or after its expiry date, any community services card so issued:

(c)

re-issue any recalled community services card to the person to whom it was issued, or issue a new community services card to that person as a replacement for a recalled community services card:

(d)

issue a new community services card to any eligible person—

(i)

before or after the expiry of a community services card previously issued to that person; or

(ii)

if the Director-General is satisfied that the person has lost the community services card previously issued to that person, or that the card has been stolen, damaged, or destroyed.

(2)

[Revoked]

Regulation 4(1)(a): amended, on 1 February 1999, by regulation 3 of the Health Entitlement Cards Amendment Regulations 1998 (SR 1998/459).

Regulation 4(2): revoked, on 1 February 1994, by regulation 3(2) of the Health Entitlement Cards Regulations 1993, Amendment No 1 (SR 1993/265).

4A Issue and use of SuperGold Cards

(1)

This regulation applies to a person who is eligible for a community services card and is also eligible for a SuperGold Card by virtue of regulation 8 of the SuperGold Card regulations.

(2)

If a person to whom this regulation applies does not hold a community services card, the Director-General may, instead of issuing a community services card to him or her, issue to him or her in accordance with the SuperGold Card regulations a SuperGold Card bearing a code indicating his or her entitlement to a community services card.

(3)

If a person to whom this regulation applies already holds a community services card, the Director-General may issue to him or her in accordance with the SuperGold Card regulations a SuperGold Card bearing a code indicating his or her entitlement to a community services card.

(4)

Part 1 (other than regulation 7), with all necessary modifications, applies to a SuperGold Card issued in accordance with this regulation, and to the person issued with that card and any other person, as if that card were a community services card; but a person cannot be prosecuted twice in respect of an act or omission constituting an offence under both Part 1 and the SuperGold Card regulations.

Regulation 4A: inserted, on 2 August 2007, by regulation 5 of the Health Entitlement Cards Amendment Regulations (No 2) 2007 (SR 2007/203).

5 Commencement dates and expiry dates of community services cards

(1)

Every community services card issued shall be endorsed with a commencement date and an expiry date, and shall not be valid for any purpose before the commencement date or after the expiry date.

(2)

The commencement date of a community services card shall be as follows:

(a)

in the case of a community services card issued to a person eligible for a card under regulation 8(1)(a), (ab), (b), or (ba), the date on which that person became eligible to receive the benefit:

(b)

in the case of a community services card issued to a person eligible under regulation 8(1)(c), the date that is 3 months before the date on which the application for the card was received:

(c)

in the case of a community services card issued to a person eligible for a card under regulation 8(1)(d) or regulation 8(1)(e) or regulation 8(1)(f), the later of—

(i)

the date that is 28 days before the date on which the application for the card was received; or

(ii)

the date on which the person became eligible to receive the card:

(d)

in the case of a community services card issued to a person eligible for a card under regulation 8(1)(g), the date on which the person commenced receiving residential care disability services funded under the New Zealand Public Health and Disability Act 2000.

(3)

No community services card shall be issued with an expiry date that is more than 3 years after its commencement date.

Regulation 5(2)(a): amended, on 1 December 2018, by regulation 5 of the Health Entitlement Cards Amendment Regulations (No 2) 2018 (LI 2018/205).

Regulation 5(2)(a): amended, on 1 February 1999, by regulation 4(1) of the Health Entitlement Cards Amendment Regulations 1998 (SR 1998/459).

Regulation 5(2)(b): substituted, on 1 February 1999, by regulation 4(2) of the Health Entitlement Cards Amendment Regulations 1998 (SR 1998/459).

Regulation 5(2)(c): amended, on 1 February 1999, by regulation 4(1) of the Health Entitlement Cards Amendment Regulations 1998 (SR 1998/459).

Regulation 5(2)(d): substituted, on 1 February 1999, by regulation 4(3) of the Health Entitlement Cards Amendment Regulations 1998 (SR 1998/459).

Regulation 5(2)(d): amended, on 1 January 2001, by section 111(2) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

6 Arrangements for manufacture, etc, of community services cards

The Director-General may make arrangements with any manufacturer, printer, or distributor of plastic or printed cards to manufacture, print, and deliver to any eligible person any community services card issued pursuant to this regulation.

7 Form of community services card

(1)

Subject to this regulation, every community services card shall be issued in such form as the Director-General from time to time determines.

(2)

Every community services card—

(a)

shall be printed on one side (in this regulation called the card face) with the name of the card, and be printed or manufactured so that the card face bears a distinctive design or pattern, or both a design and a pattern, from time to time chosen by the Director-General:

provided that the Director-General may issue a temporary community services card that does not bear a distinctive design or pattern:

(b)

shall bear on the card face the following information:

(i)

the cardholder’s name, which may be expressed as a first name and surname, or a first name, a second name, and a surname:

provided that where a cardholder’s name exceeds 27 characters, including spaces, the cardholder’s first name and any second name may be truncated to fit in that number of characters or abbreviated to initials:

(ii)

the cardholder’s 9 digit identifying number assigned by the department (which number may be expressed in groups of digits separated by spaces), together with the digit 1:

(iii)

an identifying number assigned to the card (which number may be expressed in groups of digits separated by spaces):

(iv)

the commencement date of the card, preceded by words indicating that that date is the commencement date:

(v)

the expiry date of the card, preceded by words indicating that that date is the expiry date:

(c)

may have imprinted, on the reverse side to the card face (in this regulation called the card back), a magnetic stripe, 13 millimetres wide, running the entire length of the card:

(d)

must have, on the card back—

(i)

a signature panel, made of material on which a signature may be written or endorsed by the cardholder, identified with wording in black indicating that the signature written or endorsed is the signature of the cardholder; and

(ii)

wording in black indicating that the card is issued by the department:

(e)

may have, on the card back, any other information or wording the Director-General from time to time requires.

(2A)

A community services card signed by the cardholder is evidence that the cardholder is eligible for a community services card.

(3)

Where a date is required on a community services card—

(a)

that date may be expressed in an abbreviated form, comprising a month and a year, or in a numerical form, comprising a day and a month and a year or a month and a year:

(b)

a numerical form of month shall be represented by an appropriate number in the series 1 to 12:

(c)

a numerical form of year may be represented by the last two numbers of the numerical expression of the relevant year:

(d)

a date expressed in the numerical form shall have the day and the month and the year, or the month and the year, as the case may be, each separated by a “/” symbol.

(4)

Where the commencement date and the expiry date are expressed in either the abbreviated form or the numerical form pursuant to subclause (3),—

(a)

each such date shall be deemed to be the date represented by the form of date used; and

(b)

if the form of date used does not include a day, the commencement date shall be deemed to be the first day of the month of the commencement date endorsed on the card and the expiry date shall be deemed to be the last day of the month of the expiry date endorsed on the card.

(5)

The magnetic stripe on a community services card may be encoded only with such of the information specified in subclause (2)(b) as the Director-General from time to time requires, together with a code number for mailing purposes.

Regulation 7(2)(b)(ii): amended, on 1 February 1999, by regulation 5(1) of the Health Entitlement Cards Amendment Regulations 1998 (SR 1998/459).

Regulation 7(2)(b)(ii): amended, on 1 February 1994, by regulation 5(1) of the Health Entitlement Cards Regulations 1993, Amendment No 1 (SR 1993/265).

Regulation 7(2)(d): substituted, on 1 February 1999, by regulation 5(2) of the Health Entitlement Cards Amendment Regulations 1998 (SR 1998/459).

Regulation 7(2)(e): added, on 1 February 1999, by regulation 5(2) of the Health Entitlement Cards Amendment Regulations 1998 (SR 1998/459).

Regulation 7(2A): inserted, on 1 February 1999, by regulation 5(3) of the Health Entitlement Cards Amendment Regulations 1998 (SR 1998/459).

8 Eligibility for community services cards

(1)

A person is eligible for a community services card if he or she is—

(a)

a beneficiary who has applied for and is entitled to receive any of the following benefits under the Social Security Act 2018 (whether or not payment of the benefit has commenced under subpart 4 of Part 6 of that Act):

(i)

sole parent support:

(ii)

supported living payment:

(iii)

jobseeker support:

(iv)

an emergency benefit granted instead of sole parent support or supported living payment or jobseeker support:

(v)

a veteran’s pension:

(vi)

a youth payment:

(vii)

a young parent payment:

(viii)

an accommodation supplement:

(ab)

a person who is receiving weekly income compensation under subpart 4 of Part 3 of the Veterans’ Support Act 2014 or weekly compensation under subpart 5 of Part 4 of that Act:

(b)

a child in respect of whom an orphan’s benefit, an unsupported child’s benefit, or a child disability allowance is payable under the Social Security Act 2018:

(ba)

a tenant of social housing:

(c)

a person whose family credit income is of or less than the appropriate amount specified in subclause (6), and who has 1 or more dependent children, and who—

(i)

is ordinarily resident in New Zealand; or

(ii)

is eligible to receive a family assistance credit in accordance with subparts MA to MG and MZ of the Income Tax Act 2007:

(d)

a person whose family income is of or less than the appropriate amount specified in subclause (5), and who—

(i)

does not have any dependent children; and

(ii)

is ordinarily resident in New Zealand; and

(iii)

is of or over the age of 16, but is not a dependent child or a person whose age would entitle another person to receive (if otherwise entitled) a family assistance credit in respect of him or her; and

(iv)

is not a superannuitant; and

(v)

does not receive a veteran’s pension under the Veterans’ Support Act 2014; and

(vi)

is not the spouse or partner of a person who is eligible to receive (before any reduction or apportionment under the Social Security Act 2018) New Zealand superannuation or a veteran’s pension at a grandparented rate; and

(vii)

does not receive weekly income compensation under subpart 4 of Part 3 of the Veterans’ Support Act 2014 or weekly compensation under subpart 5 of Part 4 of that Act:

(e)

a superannuitant whose superannuation income is of or less than the appropriate amount specified in subclause (5A):

(f)

a student whose family income is of or less than the appropriate amount specified in subclause (5), and who—

(i)

is ordinarily resident in New Zealand; and

(ii)

is undertaking a recognised course of study in a full-time course at a tertiary institution (other than a secondary school) within the meaning of the Student Allowances Regulations 1998 (SR 1998/277):

(g)

a person who is receiving residential care disability services funded under the New Zealand Public Health and Disability Act 2000, and who has had his or her financial means assessed under the Residential Care and Disability Support Services Act 2018.

(2)

[Revoked]

(3)

The spouse or partner of a person who is eligible for a community services card and who is ordinarily resident in New Zealand is also eligible for a community services card, unless either spouse or partner is receiving residential care disability services funded under the New Zealand Public Health and Disability Act 2000.

(3A)

However, subclause (3) does not apply to the spouse or partner of a beneficiary who is eligible for a community services card in accordance with subclause (1)(a)(vii), unless the beneficiary is a veteran to whom section 162(1) of the Veterans’ Support Act 2014 applies.

(4)

For the purposes of this regulation, a person is entitled to receive a family assistance credit if the person—

(a)

receives instalments of a family assistance credit under subparts MA to MG and MZ of the Income Tax Act 2007 for a period commencing on or about the date the person applies for a community services card; or

(b)

received, in respect of the preceding tax year, under subparts MA to MG and MZ of the Income Tax Act 2007, a family assistance credit (for a period ending before 1 July 1996) or a family assistance credit (for a period commencing on or after 1 July 1996).

(5)

For the purposes of this regulation, the appropriate amount of family income is—

(a)

for a single person living in shared accommodation, $27,590 per annum:

(b)

for a single person living alone, $29,280 per annum:

(c)

for a married or partnered person, $43,784 per annum.

(5A)

For the purposes of subclause (1)(e), the appropriate amount of superannuation income is,—

(a)

for a single person living in shared accommodation, $28,910 per annum:

(b)

for a single person living alone, $30,740 per annum:

(c)

for a married or partnered person, $46,110 per annum.

(6)

For the purposes of this regulation, the appropriate amount of family credit income is—

(a)

for a 2-person family, $53,480 per annum:

(b)

for a 3-person family, $65,829 per annum:

(c)

for a 4-person family, $75,945 per annum:

(d)

for a 5-person family, $85,882 per annum:

(e)

for a family with 6 or more persons, $96,819 for the first 6 people, plus a further $9,812 per annum for each additional person.

(7)

For the purposes of subclause (6), family means a group of persons who live together in the same household, being a group that comprises not less than 1 adult or more than 2 adults who care for 1 or more dependent children who are part of the group, and the dependent children who are part of the group.

(8)

In this regulation, grandparented rate means—

(a)

a rate specified in clause 1 of Part 2 of Schedule 1 of the New Zealand Superannuation and Retirement Income Act 2001; or

(b)

the relationship (partner not receiving superannuation or pension) rate specified in regulations referred to in section 169 of the Veterans’ Support Act 2014.

Regulation 8(1): substituted, on 1 February 1999, by regulation 6(1) of the Health Entitlement Cards Amendment Regulations 1998 (SR 1998/459).

Regulation 8(1)(a): replaced, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).

Regulation 8(1)(a)(viii): inserted, on 1 December 2018, by regulation 6(1) of the Health Entitlement Cards Amendment Regulations (No 2) 2018 (LI 2018/205).

Regulation 8(1)(a)(viii): amended, on 1 April 2019, by regulation 4(1) of the Health Entitlement Cards Amendment Regulations 2019 (LI 2019/31).

Regulation 8(1)(ab): inserted, on 7 December 2014, by section 278 of the Veterans’ Support Act 2014 (2014 No 56).

Regulation 8(1)(b): replaced, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).

Regulation 8(1)(ba): inserted, on 1 December 2018, by regulation 6(2) of the Health Entitlement Cards Amendment Regulations (No 2) 2018 (LI 2018/205).

Regulation 8(1)(c)(ii): amended, on 1 July 2018, by regulation 6(1) of the Health Entitlement Cards Amendment Regulations 2018 (LI 2018/25).

Regulation 8(1)(c)(ii): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

Regulation 8(1)(d)(iii): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

Regulation 8(1)(d)(v): substituted, on 15 April 2003, by section 12(2) of the War Pensions Amendment Act 2003 (2003 No 18).

Regulation 8(1)(d)(v): amended, on 7 December 2014, by section 278 of the Veterans’ Support Act 2014 (2014 No 56).

Regulation 8(1)(d)(vi): replaced, on 9 November 2020, by section 50(1) of the New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 (2020 No 36).

Regulation 8(1)(d)(vii): inserted, on 7 December 2014, by section 278 of the Veterans’ Support Act 2014 (2014 No 56).

Regulation 8(1)(e): amended, on 1 April 2016, by regulation 4(1) of the Health Entitlement Cards Amendment Regulations 2016 (LI 2016/44).

Regulation 8(1)(g): amended, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).

Regulation 8(1)(g): amended, on 1 January 2001, by section 111(2) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Regulation 8(2): revoked, on 1 February 1994, by regulation 6(2) of the Health Entitlement Cards Regulations 1993, Amendment No 1 (SR 1993/265).

Regulation 8(3): substituted, on 1 February 1999, by regulation 6(2) of the Health Entitlement Cards Amendment Regulations 1998 (SR 1998/459).

Regulation 8(3): amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Regulation 8(3): amended, on 1 January 2001, by section 111(2) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Regulation 8(3A): inserted, on 7 December 2014, by section 278 of the Veterans’ Support Act 2014 (2014 No 56).

Regulation 8(4): substituted, on 1 July 1996, by regulation 3(3) of the Health Entitlement Cards Regulations 1993, Amendment No 4 (SR 1996/110).

Regulation 8(4): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

Regulation 8(4)(a): amended, on 1 July 2018, by regulation 6(1) of the Health Entitlement Cards Amendment Regulations 2018 (LI 2018/25).

Regulation 8(4)(a): amended, on 27 February 2014, by section 145 of the Taxation (Annual Rates, Foreign Superannuation, and Remedial Matters) Act 2014 (2014 No 4).

Regulation 8(4)(a): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

Regulation 8(4)(b): amended, on 1 July 2018, by regulation 6(1) of the Health Entitlement Cards Amendment Regulations 2018 (LI 2018/25).

Regulation 8(4)(b): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).

Regulation 8(4)(b): amended, on 1 April 2005 (effective for 2005–06 tax year and later tax years, except when the context requires otherwise), by section YA 2 of the Income Tax Act 2004 (2004 No 35).

Regulation 8(5): substituted, on 1 July 1996, by regulation 3(3) of the Health Entitlement Cards Regulations 1993, Amendment No 4 (SR 1996/110).

Regulation 8(5)(a): amended, on 1 April 2020, by regulation 4(1) of the Health Entitlement Cards Amendment Regulations 2020 (LI 2020/18).

Regulation 8(5)(a): amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Regulation 8(5)(b): amended, on 1 April 2020, by regulation 4(2) of the Health Entitlement Cards Amendment Regulations 2020 (LI 2020/18).

Regulation 8(5)(b): amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Regulation 8(5)(c): amended, on 1 April 2020, by regulation 4(3) of the Health Entitlement Cards Amendment Regulations 2020 (LI 2020/18).

Regulation 8(5)(c): amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Regulation 8(5A): inserted, on 1 April 2016, by regulation 4(2) of the Health Entitlement Cards Amendment Regulations 2016 (LI 2016/44).

Regulation 8(5A)(a): amended, on 1 April 2020, by regulation 4(4) of the Health Entitlement Cards Amendment Regulations 2020 (LI 2020/18).

Regulation 8(5A)(b): amended, on 1 April 2020, by regulation 4(5) of the Health Entitlement Cards Amendment Regulations 2020 (LI 2020/18).

Regulation 8(5A)(c): amended, on 1 April 2020, by regulation 4(6) of the Health Entitlement Cards Amendment Regulations 2020 (LI 2020/18).

Regulation 8(6): substituted, on 1 July 1996, by regulation 3(3) of the Health Entitlement Cards Regulations 1993, Amendment No 4 (SR 1996/110).

Regulation 8(6)(a): amended, on 1 April 2020, by regulation 4(7) of the Health Entitlement Cards Amendment Regulations 2020 (LI 2020/18).

Regulation 8(6)(b): amended, on 1 April 2020, by regulation 4(8) of the Health Entitlement Cards Amendment Regulations 2020 (LI 2020/18).

Regulation 8(6)(c): amended, on 1 April 2020, by regulation 4(9) of the Health Entitlement Cards Amendment Regulations 2020 (LI 2020/18).

Regulation 8(6)(d): amended, on 1 April 2020, by regulation 4(10) of the Health Entitlement Cards Amendment Regulations 2020 (LI 2020/18).

Regulation 8(6)(e): substituted, on 1 February 1999, by regulation 6(3) of the Health Entitlement Cards Amendment Regulations 1998 (SR 1998/459).

Regulation 8(6)(e): amended, on 1 April 2020, by regulation 4(11) of the Health Entitlement Cards Amendment Regulations 2020 (LI 2020/18).

Regulation 8(7): substituted, on 1 July 1996, by regulation 3(3) of the Health Entitlement Cards Regulations 1993, Amendment No 4 (SR 1996/110).

Regulation 8(8): inserted, on 9 November 2020, by section 50(2) of the New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 (2020 No 36).

9 Ascertainment of income

(1)

If it is necessary to ascertain the income or net income or family credit income of a person for the purposes of assessing eligibility for a community services card, Schedule 3 of the Social Security Act 2018 applies with all necessary modifications.

(1A)

Subclause (1) is subject to subclause (2).

(2)

For the purposes of subclause (1), the date on which the period in respect of which a person’s income or net income or family credit income is ascertained commences may, instead of being the date on which a community services card is issued or re-issued, be such other date as the Director-General determines, either generally or in respect of any particular case or class or classes of case, being a date not more than 2 years before the date of application for the issue or re-issue of the card.

(2A)

[Revoked]

(3)

In computing a person’s income or net income or family credit income for the purposes of this Part, the amount computed shall be rounded down to a whole dollar.

Regulation 9(1): replaced, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).

Regulation 9(1A): inserted, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).

Regulation 9(2): amended, on 1 February 1999, by regulation 7(1) of the Health Entitlement Cards Amendment Regulations 1998 (SR 1998/459).

Regulation 9(2): amended, on 1 July 1996, by regulation 5(1)(b) of the Health Entitlement Cards Regulations 1993, Amendment No 4 (SR 1996/110).

Regulation 9(2A): revoked, on 1 February 1999, by regulation 7(2) of the Health Entitlement Cards Amendment Regulations 1998 (SR 1998/459).

Regulation 9(3): amended, on 1 February 1999, by regulation 7(1) of the Health Entitlement Cards Amendment Regulations 1998 (SR 1998/459).

Regulation 9(3): amended, on 1 July 1996, by regulation 5(3) of the Health Entitlement Cards Regulations 1993, Amendment No 4 (SR 1996/110).

10 Reviews and appeals

(1)

Any person (being the applicant for a community services card or a person to whom a community services card was issued) affected by a decision of the Director-General under regulation 3 or regulation 4 or regulation 9 may, within 3 months after the date the Director-General has delivered or mailed notification of that decision to the person, apply in writing for that decision to be reviewed.

(2)

Where a review is applied for under subclause (1), the Director-General shall review the decision, and shall notify the result of the review to the person who applied for the review accordingly.

(3)

The person who applied for a review under subclause (2) may, within 3 months after notification of the results of that review, appeal against the Director-General’s decision to the social security appeal authority established by or under Schedule 8 of the Social Security Act 2018; and subpart 4 of Part 7 and Schedule 8 of that Act, with all necessary modifications, apply to the appeal.

(4)

Appeals under subclause (3) that are not completed on the repeal of the Social Security Act 1964 continue under subclause (3) as inserted on that repeal.

Regulation 10(3): replaced, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).

Regulation 10(4): inserted, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).

11 Obligations of cardholders

(1)

Any holder of a community services card may at any time return the card to the department and ask for its cancellation.

(2)

[Revoked]

(3)

[Revoked]

(4)

A cardholder shall forthwith return a community services card to the department on written demand for its return made by notice signed by or on behalf of the Director-General served on the cardholder.

(5)

[Revoked]

Regulation 11(2): revoked, on 22 December 1994, by regulation 3 of the Health Entitlement Cards Regulations 1993, Amendment No 3 (SR 1994/259).

Regulation 11(3): revoked, on 22 December 1994, by regulation 3 of the Health Entitlement Cards Regulations 1993, Amendment No 3 (SR 1994/259).

Regulation 11(5): revoked, on 22 December 1994, by regulation 3 of the Health Entitlement Cards Regulations 1993, Amendment No 3 (SR 1994/259).

12 Authorised uses of community services cards

Every cardholder may use the community services card issued to that person for 1 or more of the following purposes:

(a)

to provide evidence to the department or a pharmacist that the cardholder has been issued with the card and has been assigned the identifying number endorsed on the card:

(b)

to provide evidence to the chief executive of the Ministry of Health or Health Benefits Limited or any medical practitioner or any specialist or any pharmacist or any district health board or any licensed hospital or any provider, or any employee of any such person, that—

(i)

the cardholder is eligible for a community services card; and

(ii)

the cardholder is, and that person’s dependent children are, eligible for—

(A)

any 1 or more services provided under a service agreement funded under the New Zealand Public Health and Disability Act 2000; or

(B)

any exemption from a charge or part of a charge for any 1 or more such services; or

(C)

any prescribed maximum amount of charge applicable to persons of the class or classes of which the cardholder, or that person’s dependent children, form part, in relation to any 1 or more such services:

(c)

As a form of identification or as evidence that he or she is eligible for the community services card.

Regulation 12(a): amended, on 1 July 1999, by regulation 2(1) of the Health Entitlement Cards Amendment Regulations 1999 (SR 1999/144).

Regulation 12(b): substituted, on 1 January 2001, by section 111(2) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Regulation 12(b)(ii)(A): amended, on 1 December 2018, by regulation 7 of the Health Entitlement Cards Amendment Regulations (No 2) 2018 (LI 2018/205).

13 Unauthorised uses of community services cards

(1)

[Revoked]

(2)

A cardholder shall not—

(a)

assign, transfer, lend, bail, gift, sell, pledge, or mortgage the card to any person, or deal with the card in any manner that allows any person to make an unauthorised use of the card; or

(b)

use the card after being served with a notice, issued under regulation 11, demanding the return of the card.

(3)

No person, other than an employee of the department or the Ministry of Health or a pharmacist or any person (other than the cardholder) mentioned in regulation 12(b) shall demand or request a community services card as a form of identification of the cardholder or as evidence that the cardholder is eligible for that community services card.

(3A)

If a person who is required or requested to produce a community services card under subclause (3) fails to produce a community services card, the person may be treated as if he or she is not the holder of a community services card.

(4)

No person shall—

(a)

accept any community services card by way of assignment, transfer, loan, bailment, gift, sale, pledge, or mortgage; or

(b)

make use of another person’s community services card; or

(c)

use any community services card not issued to that person in any other way.

(5)

The temporary loan of a community services card to—

(a)

a dependent child of the cardholder, or any other person who for the time being is looking after that dependent child, for the purpose only of obtaining for that dependent child any services funded under the New Zealand Public Health and Disability Act 2000; or

(b)

any person for the purpose only of obtaining for the cardholder, or any dependent child of the cardholder, any services funded under the New Zealand Public Health and Disability Act 2000—

shall not be a breach of subclause (2) or subclause (4).

Regulation 13(1): revoked, on 22 December 1994, by regulation 4(1) of the Health Entitlement Cards Regulations 1993, Amendment No 3 (SR 1994/259).

Regulation 13(2): amended, on 22 December 1994, by regulation 4(2) of the Health Entitlement Cards Regulations 1993, Amendment No 3 (SR 1994/259).

Regulation 13(3): amended, on 1 July 1999, by regulation 3(1) of the Health Entitlement Cards Amendment Regulations 1999 (SR 1999/144).

Regulation 13(3): amended, on 1 February 1999, by regulation 9 of the Health Entitlement Cards Amendment Regulations 1998 (SR 1998/459).

Regulation 13(3A): inserted, on 1 July 1999, by regulation 3(2) of the Health Entitlement Cards Amendment Regulations 1999 (SR 1999/144).

Regulation 13(5)(a): amended, on 1 January 2001, by section 111(2) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Regulation 13(5)(b): amended, on 1 January 2001, by section 111(2) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

14 Applications and notices

(1)

Every application for the issue of a community services card shall be in such form as the Director-General from time to time approves.

(2)

The Director-General may require an applicant for a community services card, or his or her spouse or partner, or both, to supply such information as the Director-General reasonably considers necessary to determine the applicant’s eligibility for the card.

(3)

The Director-General may from time to time require any community services cardholder, or his or her spouse or partner, or both, to supply such relevant information or to answer such relevant questions as the Director-General reasonably considers necessary to determine—

(a)

whether the cardholder was eligible for the card when it was issued; or

(b)

the cardholder’s continued eligibility for the card.

(4)

If—

(a)

an applicant for a community services card or his or her spouse or partner; or

(b)

a community services cardholder or his or her spouse or partner—

fails to comply with any requirement made by the Director-General under subclause (2) or subclause (3) within such reasonable period as the Director-General specifies, the Director-General may refuse to issue or re-issue a card to the applicant or cardholder and to his or her spouse or partner or, if the case so requires, may recall any card issued to the cardholder and his or her spouse or partner.

(5)

Every notice required by these regulations shall be in writing and shall be given to or served on the person to whom it is addressed either personally or by leaving it at that person’s place of residence or business, or by sending it by pre-paid letter addressed to that person at one of those addresses.

(6)

Where service of any such notice is effected by pre-paid letter then, in the absence of proof to the contrary, the notice shall be deemed to have been served when it would have been delivered in the ordinary course of the post, and in proving service, it shall be sufficient to prove that the letter was properly addressed and posted.

Regulation 14(2): amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Regulation 14(3): amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Regulation 14(4): amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Regulation 14(4)(a): amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Regulation 14(4)(b): amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

15 Offences

(1)

Every person, being the holder of a community services card, who fails to do anything or take any action or to perform any obligation required of that person by regulation 11 commits an offence against these regulations.

(2)

Every person who does anything prohibited by regulation 13 commits an offence against these regulations.

(3)

Every person who commits an offence against these regulations shall be liable on conviction to a fine not exceeding $1,000.

Regulation 15(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Regulation 15(3): amended, on 22 December 1994, by regulation 5 of the Health Entitlement Cards Regulations 1993, Amendment No 3 (SR 1994/259).

16 Transitional provisions

[Revoked]

Regulation 16: revoked, on 1 February 1999, by regulation 10 of the Health Entitlement Cards Amendment Regulations 1998 (SR 1998/459).

Part 2 High use health cards

17 Interpretation

In this Part, unless the context otherwise requires,—

general medical services means all proper and necessary services of medical practitioners and other health practitioners to maintain and restore health that are funded under section 25 or 88 of the New Zealand Public Health and Disability Act 2000 (whether those medical services are described in those terms or in any other terms in the relevant funding agreement or instrument)

geriatric services means those services designated as such by the Director-General of Health for the treatment of conditions related to, or arising from, ageing, including mental disorders arising from degenerative conditions associated with ageing

maternity services means,—

(a)

in the case of a woman who is confined in a licensed hospital, all necessary medical and nursing attendance, maintenance, and care at her confinement and in respect of her and her child for the period of 14 days succeeding the date of the birth of her child:

(b)

in the case of a woman who is confined elsewhere than in a licensed hospital, the services of a medical practitioner and of a midwife, or an approved maternity nurse, at her confinement and in respect of her and her child for the period of 14 days succeeding the date of the birth of her child:

(c)

the provision by a medical practitioner or a midwife of all such ante-natal and post-natal advice and treatment as may in any case be required:

(d)

in the case of a woman who suffers a miscarriage, including a termination of pregnancy, all such medical services provided by a medical practitioner as she may require in relation to the miscarriage

medical treatment means all medical and surgical treatment and nursing care and ancillary services provided by any health practitioner within the meaning of section 5(1) of the Health Practitioners Competence Assurance Act 2003

mental health services means those services designated as such by the Director-General of Health for the treatment of—

(a)

mental disorder, except those arising solely from degenerative conditions associated with ageing:

(b)

the abuse or misuse of alcohol, chemicals, and volatile substances

midwife means a health practitioner who is, or is deemed to be, registered with the Midwifery Council established by section 114(3) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of midwifery

particular medical condition means any medical condition that is ongoing in nature and necessitates treatment by way of qualifying medical services

patient means a person for the time being maintained in a licensed hospital for the purpose of receiving medical treatment

pharmacist means a health practitioner who—

(a)

is registered with the Pharmacy Council established by section 114(5) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of pharmacy or deemed to be so registered; and

(b)

is working within the scope of his or her practice; and

(c)

is providing general medical services; and

(d)

is a person—

(i)

employed by, or contracted to, a general medical practice; or

(ii)

employed by, or contracted to, a primary health organisation to work as a member of a general medical practice

psychopaedic services means those services designated as such by the Director-General of Health for the care and treatment of persons with intellectual disabilities

qualifying medical services—

(a)

means general medical services provided by a medical practitioner or other health practitioner that are funded under the New Zealand Public Health and Disability Act 2000, or for which the patient, or some other person is charged; but

(b)

does not include treatment paid for (in whole or in part) under the Accident Compensation Act 2001

scope of practice has the same meaning as in section 5(1) of the Health Practitioners Competence Assurance Act 2003.

Regulation 17 general medical services: replaced, on 1 May 2014, by regulation 5(1) of the Health Entitlement Cards (Health Practitioners) Amendment Regulations (No 2) 2014 (LI 2014/106).

Regulation 17 general practitioner: revoked, on 1 May 2014, by regulation 5(2) of the Health Entitlement Cards (Health Practitioners) Amendment Regulations (No 2) 2014 (LI 2014/106).

Regulation 17 geriatric services: amended, on 1 January 2001, by section 111(2) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Regulation 17 maternity services paragraph (b): amended, on 18 September 2004, by section 175(3) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Regulation 17 maternity services paragraph (c): amended, on 18 September 2004, by section 175(3) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Regulation 17 medical treatment: substituted, on 18 September 2004, by section 175(3) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Regulation 17 mental health services: amended, on 1 January 2001, by section 111(2) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Regulation 17 midwife: inserted, on 18 September 2004, by section 175(3) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Regulation 17 pharmacist: inserted, on 1 May 2014, by regulation 5(3) of the Health Entitlement Cards (Health Practitioners) Amendment Regulations (No 2) 2014 (LI 2014/106).

Regulation 17 psychopaedic services: amended, on 1 January 2001, by section 111(2) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Regulation 17 qualifying medical services: substituted, on 1 February 1999, by regulation 11(3) of the Health Entitlement Cards Amendment Regulations 1998 (SR 1998/459).

Regulation 17 qualifying medical services paragraph (a): amended, on 1 May 2014, by regulation 5(4) of the Health Entitlement Cards (Health Practitioners) Amendment Regulations (No 2) 2014 (LI 2014/106).

Regulation 17 qualifying medical services paragraph (a): amended, on 1 January 2001, by section 111(2) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Regulation 17 qualifying medical services paragraph (b): amended, on 3 March 2010, pursuant to section 5(1)(b) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Regulation 17 registered midwife: revoked, on 18 September 2004, by section 175(3) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Regulation 17 scope of practice: added, on 18 September 2004, by section 175(3) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).

Regulation 17 specialist medical services: revoked, on 1 February 1999, by regulation 11(4) of the Health Entitlement Cards Amendment Regulations 1998 (SR 1998/459).

18 Issue of high use health cards

The Director-General may from time to time, on application, issue any eligible person with a high use health card in such form as the Director-General determines.

19 Commencement dates and expiry dates of high use health cards

(1)

Every high use health card shall be endorsed with a commencement date and an expiry date, and shall not be valid for any purpose before the commencement date or after the expiry date.

(2)

The commencement date of a high use health card shall be the day after the date on which the last of the qualifying medical services referred to in regulation 20(b) was received.

20 Applications for high use health cards

Every application for the issue of a high use health card shall be in such form as the Director-General from time to time determines, and shall—

(a)

be dated and signed by a medical practitioner for the applicant, and the applicant (or the parent or guardian of the applicant, if the applicant is a dependent child); and

(b)

have attached to it receipts or other evidence acceptable to the Director-General showing that, in the period of 12 months immediately preceding the date of the application, the applicant has received qualifying medical services for a particular medical condition or particular medical conditions on not less than 12 specified dates; and

(c)

have incorporated in it, or attached to it, such particulars and information as the Director-General requires showing, to the Director-General’s satisfaction, that the applicant is suffering from the medical condition or medical conditions to which paragraph (b) refers.

Regulation 20(a): amended, on 1 May 2014, by regulation 6 of the Health Entitlement Cards (Health Practitioners) Amendment Regulations (No 2) 2014 (LI 2014/106).

Regulation 20(b): substituted, on 1 February 1994, by regulation 11 of the Health Entitlement Cards Regulations 1993, Amendment No 1 (SR 1993/265).

20A Authorised uses of high use health cards

A cardholder may use the high use health card issued to that person for 1 or more of the following purposes:

(a)

to provide evidence to the department or a pharmacist that the cardholder has been issued with the card and has been assigned any identifying number that has been endorsed on the card:

(b)

to provide evidence to the Ministry of Health or Health Benefits Limited or any medical practitioner or other health practitioner or any specialist or any pharmacist or any district health board or any licensed hospital or any provider, or an employee of any such person, that the cardholder is eligible for a high use health card:

(c)

to provide evidence to the Ministry of Health or Health Benefits Limited or any medical practitioner or other health practitioner or any specialist or any pharmacist or any hospital or any provider, or an employee of any such person, that the cardholder is eligible for—

(i)

any 1 or more qualifying medical services; or

(ii)

any exemption from a charge or part of a charge for any 1 or more such services; or

(iii)

any prescribed maximum amount of charge applicable to persons of the class or classes of which the cardholder forms part, in relation to any 1 or more such services:

(d)

as a form of identification or as evidence that he or she is eligible for the high use health card.

Regulation 20A: inserted, on 1 July 1999, by regulation 4 of the Health Entitlement Cards Amendment Regulations 1999 (SR 1999/144).

Regulation 20A(b): amended, on 1 May 2014, by regulation 7 of the Health Entitlement Cards (Health Practitioners) Amendment Regulations (No 2) 2014 (LI 2014/106).

Regulation 20A(b): amended, on 1 January 2001, by section 111(2) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Regulation 20A(c): amended, on 1 May 2014, by regulation 7 of the Health Entitlement Cards (Health Practitioners) Amendment Regulations (No 2) 2014 (LI 2014/106).

Regulation 20A(c): amended, on 1 January 2001, by section 111(2) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

20B Unauthorised uses of high use health cards

(1)

A cardholder must not assign, transfer, lend, bail, gift, sell, pledge, or mortgage a high use health card to any person or deal with the card in any manner that allows any person to make an unauthorised use of the card.

(2)

No person, other than an employee of the department or the Ministry of Health or a pharmacist or any person (other than the cardholder) mentioned in regulation 20A(b) or (c) may demand or request a high use health card as a form of identification of the cardholder or as evidence that the cardholder is eligible for that high use health card.

(3)

If a person who is required or requested to produce a high use health card under subclause (2) fails to produce a high use health card on request, the person may be treated as if he or she is not the holder of a high use health card.

(4)

No person may—

(a)

accept any high use health card by way of assignment, transfer, loan, bailment, gift, sale, pledge, or mortgage; or

(b)

make use of another person’s high use health card; or

(c)

use any high use health card not issued to that person in any other way.

Regulation 20B: inserted, on 1 July 1999, by regulation 4 of the Health Entitlement Cards Amendment Regulations 1999 (SR 1999/144).

21 Transitional provisions

[Revoked]

Regulation 21: revoked, on 1 February 1999, by regulation 12 of the Health Entitlement Cards Amendment Regulations 1998 (SR 1998/459).

Part 3 Pharmaceutical subsidy cards

22 Interpretation

(1)

In this Part, unless the context otherwise requires,—

family unit means—

(a)

a married or partnered couple with 1 or more dependent children:

(b)

a married or partnered couple with no dependent children:

(c)

one person with 1 or more dependent children:

(d)

one person who is not a member of a family unit described in paragraphs (a) to (c)

pharmaceutical means a medicine, therapeutic medical device or related product, or thing in respect of which payments are required to be made under the New Zealand Public Health and Disability Act 2000 to the dispensers, importers, and distributors of that medicine, therapeutic medical device or related product, or thing

pharmaceutical year means a period commencing on 1 February in any year and finishing on 31 January of the following year

prescription item means 1 or more pharmaceuticals for which 1 charge was made to a family unit by a pharmacist, being a charge that the pharmacist is permitted to make under a Crown funding agreement or a service agreement or a notice given under section 88 of the New Zealand Public Health and Disability Act 2000; but does not include any item prescribed in relation to treatment paid for (in whole or in part) by the Accident Compensation Corporation or an insurer under the Accident Insurance Act 1998

prescription subsidy card means a prescription subsidy card issued by a pharmacist before 1 July 1993.

(2)

For the purposes of this Part, the Director-General may regard as being married any man and woman who, although not legally married or in a civil union, have entered into a relationship in the nature of marriage, and may determine a date on which that relationship is to be taken as having commenced.

Regulation 22(1) family unit paragraph (a): amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Regulation 22(1) family unit paragraph (b): amended, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

Regulation 22(1) pharmaceutical: amended, on 1 January 2001, by section 111(2) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Regulation 22(1) prescription item: substituted, on 1 July 1999, by regulation 5 of the Health Entitlement Cards Amendment Regulations 1999 (SR 1999/144).

Regulation 22(1) prescription item: amended, on 1 January 2001, by section 111(2) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Regulation 22(2): substituted, on 26 April 2005, by section 12 of the Relationships (Statutory References) Act 2005 (2005 No 3).

23 Eligibility for and issue of pharmaceutical subsidy cards

(1)

A family unit shall be eligible to receive a pharmaceutical subsidy card for a pharmaceutical year if that family unit has received, and been charged for, 20 prescription items since the beginning of the pharmaceutical year.

(2)

A pharmacist may issue any eligible family unit with a pharmaceutical subsidy card, in such form as the Director-General from time to time determines, if the pharmacist has received such particulars and information as the pharmacist requires, to satisfy the pharmacist that the family unit has received, and been charged for, 20 prescription items since the beginning of the pharmaceutical year.

(3)

A pharmaceutical subsidy card shall be valid for one pharmaceutical year only, and shall not be valid for any purpose before the beginning of that pharmaceutical year or after the expiry of that pharmaceutical year.

(4)

Every pharmaceutical subsidy card shall be endorsed with the pharmaceutical year for which it is issued.

23A Authorised uses of pharmaceutical subsidy cards

A member of a family unit may use the pharmaceutical subsidy card issued to that family unit for 1 or more of the following purposes:

(a)

to provide evidence to the department or a pharmacist that the family unit has been issued with the card and has been assigned any identifying number that has been endorsed on the card:

(b)

to provide evidence to the Director-General of Health or Health Benefits Limited or any medical practitioner or any specialist or any pharmacist or any district health board or any licensed hospital or any provider, or an employee of any such person, that the family unit is eligible for a pharmaceutical subsidy card:

(c)

to provide evidence to the Director-General of Health or Health Benefits Limited or any medical practitioner or any specialist or any pharmacist, or any hospital or any provider, or an employee of any such person, that the member of the family unit is eligible for—

(i)

any 1 or more prescription items; or

(ii)

any exemption from a charge or part of a charge for any 1 or more such items; or

(iii)

any prescribed maximum amount of charge applicable to family units of the class or classes of which the cardholder forms part, in relation to any 1 or more such items:

(d)

as a form of identification or as evidence that the family unit of which he or she is a member is eligible for the pharmaceutical subsidy card.

Regulation 23A: inserted, on 1 July 1999, by regulation 6 of the Health Entitlement Cards Amendment Regulations 1999 (SR 1999/144).

Regulation 23A(b): amended, on 1 January 2001, by section 111(2) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

Regulation 23A(c): amended, on 1 January 2001, by section 111(2) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

23B Unauthorised uses of pharmaceutical subsidy cards

(1)

A member of a family unit to which a pharmaceutical subsidy card has been issued must not assign, transfer, lend, bail, gift, sell, pledge, or mortgage a pharmaceutical subsidy card to any person or deal with the card in any manner that allows any person to make an unauthorised use of the card.

(2)

No person, other than an employee of the department or the Ministry of Health or a pharmacist or any person (other than the cardholder) mentioned in regulation 23A(b) or (c) may demand or request a pharmaceutical subsidy card as a form of identification of the cardholder or as evidence that the family unit of which the cardholder is a member is eligible for that pharmaceutical subsidy card.

(3)

If a person who is required or requested to produce a pharmaceutical subsidy card under subclause (2) fails to produce a pharmaceutical subsidy card on request, the person may be treated as if he or she is not a member of a family unit that has been issued with a pharmaceutical subsidy card.

(4)

No person may—

(a)

accept any pharmaceutical subsidy card by way of assignment, transfer, loan, bailment, gift, sale, pledge, or mortgage; or

(b)

use any pharmaceutical subsidy card not issued to the family unit of which the person is a member.

Regulation 23B: inserted, on 1 July 1999, by regulation 6 of the Health Entitlement Cards Amendment Regulations 1999 (SR 1999/144).

24 Transitional provisions

[Revoked]

Regulation 24: revoked, on 1 February 1999, by regulation 14 of the Health Entitlement Cards Amendment Regulations 1998 (SR 1998/459).

Bob MacFarlane,
Acting for Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 17 June 1993.

Reprints notes

1 General

This is a reprint of the Health Entitlement Cards Regulations 1993 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Education and Training Act 2020 (2020 No 38): section 668

New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 (2020 No 36): section 50

Health Entitlement Cards Amendment Regulations 2020 (LI 2020/18)

Kāinga Ora–Homes and Communities Act 2019 (2019 No 50): section 33

Health Entitlement Cards Amendment Regulations 2019 (LI 2019/31)

Health Entitlement Cards Amendment Regulations (No 2) 2018 (LI 2018/205)

Social Security Act 2018 (2018 No 32): section 459

Health Entitlement Cards Amendment Regulations 2018 (LI 2018/25)

Health Entitlement Cards Amendment Regulations 2016 (LI 2016/44)

Veterans’ Support Act 2014 (2014 No 56): section 278

Health Entitlement Cards (Health Practitioners) Amendment Regulations (No 2) 2014 (LI 2014/106)

Taxation (Annual Rates, Foreign Superannuation, and Remedial Matters) Act 2014 (2014 No 4): sections 144, 145

Financial Markets (Repeals and Amendments) Act 2013 (2013 No 70): section 150

Criminal Procedure Act 2011 (2011 No 81): section 413

Taxation (GST and Remedial Matters) Act 2010 (2010 No 130): section 188

Immigration Act 2009 (2009 No 51): section 406(2)

Taxation (Business Taxation and Remedial Matters) Act 2007 (2007 No 109): section 302

Income Tax Act 2007 (2007 No 97): section ZA 2(1)

Health Entitlement Cards Amendment Regulations (No 2) 2007 (SR 2007/203)

New Zealand Superannuation and Retirement Income Amendment Act 2005 (2005 No 42): section 9(2)

Relationships (Statutory References) Act 2005 (2005 No 3): section 12

Income Tax Act 2004 (2004 No 35): section YA 2

Health Practitioners Competence Assurance Act 2003 (2003 No 48): section 175(3)

War Pensions Amendment Act 2003 (2003 No 18): section 12(2)

Health and Disability Services (Safety) Act 2001 (2001 No 93): section 58(3)

New Zealand Public Health and Disability Act 2000 (2000 No 91): sections 110(1)(a), 111(2)

Health Entitlement Cards Amendment Regulations 1999 (SR 1999/144)

Health Entitlement Cards Amendment Regulations 1998 (SR 1998/459)

Health Entitlement Cards Regulations 1993, Amendment No 4 (SR 1996/110)

Health Entitlement Cards Regulations 1993, Amendment No 3 (SR 1994/259)

Health Entitlement Cards Regulations 1993, Amendment No 1 (SR 1993/265)

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Health Entitlement Cards Regulations 1993

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Contents

Regulations

1 Title and commencement

2 Interpretation

(a)

(b)

(a)

(b)

(a)

(b)

(c)

(d)

(a)

(b)

(a)

(b)

(c)

(d)

(i)

(ii)

(a)

(b)

(a)

(b)

(c)

(d)

(i)

(ii)

(iii)

(a)

(b)

(c)

(d)

(e)

(i)

(ii)

(a)

(b)

(a)

(i)

(ii)

(iii)

(b)

(c)

(d)

(a)

(i)

(ii)

(iii)

(b)

Part 1 Community services cards

3 Conjugal status

(a)

(b)

4 Issue and recall of community services cards

(a)

(b)

(c)

(d)

(i)

(ii)

4A Issue and use of SuperGold Cards

5 Commencement dates and expiry dates of community services cards

(a)

(b)

(c)

(i)

(ii)

(d)

6 Arrangements for manufacture, etc, of community services cards

7 Form of community services card

(a)