Pursuant to section 124 (1) (d) of the Social Security Act 1964, the Minister for Social Development and Employment establishes and approves the following welfare programme for special assistance.
Dated at Wellington this 23rd day of June 2005.
STEVE MAHAREY, Minister for Social Development and Employment.
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P r o g r a m m e
1. Title—This programme is the Exempt Persons Personal Allowance Programme.
2. Commencement—This programme comes into effect on 1 July 2005.
3. Purpose—The purpose of this programme is to provide a personal allowance to exempt persons in long-term residential care who would otherwise be required to contribute the whole of their benefits to the cost of contracted care services provided to them.
4. Interpretation—(1) In this programme, unless the context otherwise requires:
Act means the Social Security Act 1964
allowance means an exempt person’s personal allowance (being the special assistance under this programme)
expiry date means the earlier of the dates set out in clause 8.
(2) Terms otherwise defined in section 3 (1) and in Part 4 of the Act have the same meanings.
(3) References in this programme to sections 139, 142, and 155, Part 4, and Schedule 27 of the Act are to those provisions as inserted or substituted on 1 July 2005 by sections 5 and 6 of the Social Security (Long-term Residential Care) Amendment Act 2004.
5. Application of the Social Security Act—(1) Sections 12, 62, 74, 74A, 77 (1), 80A, 80BD (1) and 86J of the Act apply to this programme and any exempt person as if the assistance under this programme were a benefit under
the Act.
(2) Nothing in subclause (1) affects or limits the application of any other provision of the Act.
6. Exempt person’s personal allowance—(1) An exempt person in receipt of any benefit is entitled to receive an exempt person’s personal allowance under this programme.
(2) The amount of an allowance is the same amount as Regulations made under section 155 of the Act prescribe
as the amount of a personal allowance for the purposes of Part 3 of Schedule 27 of the Act (not exceeding the amount of the benefits received by the exempt person).
7. Period for which allowance payable—(1) An allowance commences on the date on or after 1 July 2005 on which the exempt person becomes liable, under section 139 and section 142 of the Act, to make payment of any benefit received by the person towards the cost of contracted care services provided to the person.
(2) An allowance ends on the earliest of the following dates:
(a) The date on which the exempt person ceases to be entitled to any benefit;
(b) the date on which the person ceases to be an exempt person or dies; or
(c) the expiry date.
8. Expiry—This programme expires on 30 June 2006, or any earlier date on which it is revoked.
Explanatory Note
This note is not part of the programme, but is intended to indicate its general effect.
This programme, which comes into effect on 1 July 2005, provides an exempt person in long-term residential care, who would otherwise be required to contribute the whole of the person’s benefits to the costs of the care, with a personal allowance of the same amount as other residents assessed as requiring care are allowed to retain from their benefits, but not exceeding the amount of the benefits the person receives.