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Social Security Act 2018

Assistance - Accommodation supplement

69: Accommodation supplement: refusal, reduction, or cancellation of grant in certain circumstances

You could also call this:

“When the government can say no or change your housing cost help”

If you apply for help with your housing costs, called an accommodation supplement, the government can say no, give you less, or stop giving it to you if they think you haven’t used all your money and things that could help pay for your housing.

When they look at your money and things, they also look at what your husband, wife, or partner has. This includes even if your partner is living in a hospital or rest home for a long time.

But if you or your partner are getting care in a rest home or hospital that the government is paying for, you can’t get an accommodation supplement at all.

For 12 months after you or your partner get a big payment for an injury or disability, the government won’t count that money when deciding about your accommodation supplement.

The government can still say no, give you less, or stop your accommodation supplement for other reasons in the law.

The big payments they don’t count for 12 months are money for injuries from accidents or for help with daily tasks if you have a disability.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783260.

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“Special rules for couples sharing a home with others when getting housing cost help”

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Part 2 Assistance
Accommodation supplement

69Accommodation supplement: refusal, reduction, or cancellation of grant in certain circumstances

  1. If MSD is satisfied that an applicant for an accommodation supplement (A), or A’s spouse or partner, has not realised any assets available for A’s personal use, MSD may—

  2. refuse to grant an accommodation supplement; or
    1. reduce the rate of any accommodation supplement already granted; or
      1. cancel any accommodation supplement already granted.

        1. For the purposes of this section and the assets requirement in regulations made under section 423 (see section 65(1)(b)), the assets of A include the assets of A’s spouse or partner, if any.

        2. Subsection (2) applies, without limitation, even if—

        3. A is a community spouse or partner (as defined in Schedule 2); and
          1. A’s spouse or partner is receiving long-term residential care in a hospital or rest home.

            1. However, subsection (2) does not limit section 67(c), under which a person (P, who may, or may not, be A’s spouse or partner) is ineligible for an accommodation supplement if P is a resident assessed as requiring care in respect of whom a funder is paying some or all of the cost of contracted care services under section 54, 55, 56, 57, or 58 of the Residential Care and Disability Support Services Act 2018.

            2. For the period of 12 months after A or A’s spouse or partner receives a specified lump sum payment, subsection (1) does not apply to that specified lump sum payment.

            3. This section does not limit MSD’s discretion to refuse to grant, to reduce the rate of, or to cancel an accommodation supplement in accordance with the other provisions of this Act.

            4. In this section, specified lump sum payment means—

            5. a payment of an impairment lump sum under Schedule 1 of the Accident Compensation Act 2001; or
              1. a lump sum payment of an independence allowance under Part 4 of Schedule 1 of the Accident Insurance Act 1998.

                Compare
                Notes
                • Section 69(2): replaced, on , by section 6 of the Social Security (Accommodation Supplement) Amendment Act 2022 (2022 No 65).
                • Section 69(2A): inserted, on , by section 6 of the Social Security (Accommodation Supplement) Amendment Act 2022 (2022 No 65).
                • Section 69(2B): inserted, on , by section 6 of the Social Security (Accommodation Supplement) Amendment Act 2022 (2022 No 65).