Pursuant to section 5 of the Social Security Act 1964, the Minister for Social Development makes the following instrument.
I n s t r u m e n t
1. Title-This instrument is the Ministerial Direction-Disability Allowance Amendment 2014.
2. Commencement-This instrument comes into force on the day after its publication in the New Zealand Gazette.
3. Principal direction amended-This instrument amends the Ministerial Direction - Disability Allowance given on 28 March 1999* (the principal direction).
4. Clause 1 amended-In clause 1, definition of medical alarm services, replace "supply," with "assessment of whether the medical alarm is fit for purpose, supply, installation,".
5. Clause 5A replaced-Replace clause 5A with:
"5A When determining whether, and to what extent, the cost of medical alarm services is an additional expense of a kind required by section 69C(2A)(a) of the Act, you must have regard to the matters in clause 4 and whether the services are supplied by an accredited alarm company."
6. Clause 8A amended-In clause 8A, replace "17" with "12".
7. Clauses 11 to 17 replaced-Replace clauses 11 to
17 with:
"11 Process following revocation of accreditation
If an accredited alarm company's accreditation is revoked under the revocation process referred to in clause 8B(c), you must before or as soon as practicable after that revocation takes effect,-
(a) review the disability allowances of persons being supplied with medical alarm services by that company having regard to clause 6A; and
(b) take reasonable steps to assist those persons to obtain medical alarm services from another accredited alarm company and confirm or vary the rate of disability allowances accordingly; and
(c) notify that company that it is no longer an accredited alarm company and the date on which the revocation takes effect.
12 Effect of revocation on disability allowances of clients of previously accredited alarm company
A person who was receiving all or part of a disability allowance in respect of the supply of medical alarm services from an accredited alarm company before the revocation of that company's accreditation under the process referred to in clause 8B(c) should not by reason only of the revocation of that accreditation cease to receive that allowance or part during the current period of the person's contract with that company."
8. Other amendments to principal direction-Amend the principal direction in the manner specified in the Schedule.
Schedule
Clause 8
Amendments to principal direction
Clause 1
Above clause 1, insert "1 Interpretation".
In clause 1, replace "1." with "(1)".
In clause 1, replace "and terms" with "(2) Terms".
Clause 2
Above clause 2, insert "2 Verification of additional expenses"
In clause 2, delete "2."
Clause 3
Above clause 3, insert "3 When verification not required".
In clause 3, delete "3.".
Clause 3A
Revoke clause 3A.
Clause 4
Above clause 4, insert "4 Additional expenses: considerations".
In clause 4, delete "4.".
Clause 5
Above clause 5, insert "5 Additional considerations
for partly subsidised or unsubsidised pharmaceutical products".
In clause 5, delete "5.".
Clause 5A
Above clause 5A, insert "5A Medical alarm services: considerations".
In clause 5A, delete "5A.".
Clause 5B
Above clause 5B, insert "5B Interpretation of clauses 5C to 5D".
In clause 5B, delete "5B.".
In clause 5B, replace "5E" with "5D".
Clause 5C
Above clause 5C, insert "5C Counselling expenses: general considerations".
In clause 5C, delete "5C.".
Clause 5D
Above clause 5D, insert "5D Counselling expenses: further considerations".
In clause 5D, delete "5D.".
Clause 5E
Revoke clause 5E.
Clause 6
Above clause 6, insert "6 Disability allowance: general justification".
In clause 6, delete "6.".
Clause 6A
Above clause 6A, insert "6A Medical alarm services: justification".
In clause 6A, delete "6A.".
Clause 7
Above clause 7, insert "7 Disability allowance need not be granted in discretion".
In clause 7, delete "7.".
Clause 8A
Above clause 8A, insert "8A Purpose of clauses 6A and 8B to 12".
In clause 8A, delete "8A.".
Clause 8B
Above clause 8B, insert "8B Medical alarm services: accreditation processes".
In clause 8B, replace "8B As" with "As".
Clause 9A
Above clause 9A, insert "9A Medical alarm services: bases of processes".
In clause 9A, replace "9A The" with "The".
Clause 10
Above clause 10, insert "10 Publication of accreditation process".
In clause 10, replace "10 You" with "You".
Dated at Wellington this 24th day of February 2014.
HON PAULA BENNETT, Minister for Social Development.
Explanatory Note
This note is not part of the direction but is intended to indicate its general effect.
This instrument, which comes into force on the day after its publication in the New Zealand Gazette, amends the Ministerial Direction - Disability Allowance under the Social Security Act 1964 by revoking the transitional arrangements in relation to approved alarm companies and replacing them with provisions relating to arrangements for the revocation of accreditation. The revocation of an accredited supplier's accreditation will not affect the disability allowances of persons who receive services from those companies during the current terms of their contracts with those suppliers.
It also amends the direction by inserting clause headings and revoking spent clauses.
*New Zealand Gazette, 1 April 1999, No. 41, page 983