Residential Care and Disability Support Services (Exempt Assets) Amendment Regulations 2018

2018/238

Coat of Arms of New Zealand

Residential Care and Disability Support Services (Exempt Assets) Amendment Regulations 2018

Patsy Reddy, Governor-General

Order in Council

At Wellington this 26th day of November 2018

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) Amendment Regulations 2018.

2 Commencement

These regulations come into force on 30 November 2018.

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 18, insert:

19Housing New Zealand Corporation lump sum payment to which clause 31 appliesExempt assets of the person or the person’s spouse or partner Only for the first 12 months after the payment is made

(2)

In Schedule 3, after Part 17, insert the Part 18 set out in the Schedule of these regulations.

Schedule New Part 18 of Schedule 3 inserted

r 4(2)

Part 18 Housing New Zealand Corporation payments for alleged methamphetamine contamination

31 Payments and interest

This clause applies to—

(a)

any lump sum payment made to a person on or after 30 November 2018 by Housing New Zealand Corporation to reimburse the costs arising from the termination of a person’s tenancy with the Corporation due to alleged methamphetamine contamination of the property to which the tenancy relates; and

(b)

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

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 30 November 2018, amend Schedule 3 of the Residential Care and Disability Support Services Regulations 2018, which 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 effect of the amendments is to ensure that any lump sum payment made to a person by Housing New Zealand Corporation on or after 30 November 2018 to reimburse the costs arising from the termination of a person’s tenancy with the Corporation due to alleged methamphetamine contamination of the property to which the tenancy relates is an exempt asset for the purposes of the means assessment.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 29 November 2018.

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