Social Security (Long-term Residential Care) Amendment Regulations (No 2) 2016: revoked, on 1 April 2019, pursuant to regulation 20 of the Residential Care and Disability Support Services Regulations 2018 (LI 2018/203).

Patsy Reddy, Governor-General

Order in Council

At Wellington this 17th day of October 2016

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 Social Development.

These regulations are made under section 155 of the Social Security Act 1964on the advice and with the consent of the Executive Council.

1	Title
2	Commencement
3	Principal regulations
4	Regulation 10 amended (Assets exempt from means assessment)
5	Regulation 11 amended (Income exempt from means assessment)
	Explanatory note
	Gazette Information
	Reprint notes

Regulations

1 Title

These regulations are the Social Security (Long-term Residential Care) Amendment Regulations (No 2) 2016.

2 Commencement

These regulations come into force on 31 October 2016.

3 Principal regulations

These regulations amend the Social Security (Long-term Residential Care) Regulations 2005 (the principal regulations).

4 Regulation 10 amended (Assets exempt from means assessment)

(1)

After regulation 10(1)(o), insert:

(p)

for the first 12 months after the payment concerned is made, any lump sum payment of arrears of accommodation supplement made to the person, on or after 1 November 2016, and as a result of the department correcting a specified processing error (as defined in subclause (1F)):

(q)

any amount of income derived by the person from a payment of a kind referred to in paragraph (p).

(2)

In regulation 10(1A), replace “(o)” with “(q)”.

(3)

After regulation 10(1E), insert:

(1F)

For the purposes of subclause (1)(p) and (q) of this regulation and regulation 11(d), a specified processing error, for a person, means incorrect data relating to either or both of the type of the person’s premises and the person’s accommodation costs (within the meaning of section 61E of the Act) being entered—

(a)

into a computer system operated by or on behalf of the department; and

(b)

as a result of a system error; and

(c)

at any time in the years 1993 to 2014 (inclusive).

5 Regulation 11 amended (Income exempt from means assessment)

After regulation 11(c), insert:

(d)

for the first 12 months after the payment concerned is made, any interest derived by a person from any lump sump payment of arrears of accommodation supplement made to the person, on or after 1 November 2016, and as a result of the department correcting a specified processing error (as defined in regulation 10(1F)).

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 31 October 2016, are made under the Social Security Act 1964. They amend the Social Security (Long-term Residential Care) Regulations 2005. The amendments relate to lump sum payments, made on or after 1 November 2016, of arrears of accommodation supplement. They ensure that, for the first 12 months after the payments are made,—

the payments, and income derived from them, are assets exempt from means assessment:
any interest derived from the payments is income exempt from means assessment.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 20 October 2016.

Reprints notes

1 General

This is a reprint of the Social Security (Long-term Residential Care) Amendment Regulations (No 2) 2016 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

Residential Care and Disability Support Services Regulations 2018 (LI 2018/203): regulation 20

Social Security (Long-term Residential Care) Amendment Regulations (No 2) 2016