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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 You Might Not Get an Accommodation Supplement or Have It Reduced or Stopped"

Illustration for Social Security Act 2018

If you apply for an accommodation supplement, the Ministry of Social Development (MSD) may refuse it if you have not used assets that are available to you. MSD can also reduce or cancel your accommodation supplement if you have not used these assets. The assets of your spouse or partner are included when MSD makes this decision. When MSD makes this decision, it looks at the assets of you and your spouse or partner. This includes assets even if you are a community spouse or partner, or if your spouse or partner is in long-term care. However, this does not affect some other rules about who can get an accommodation supplement, such as the rule about people who are getting care services under the Residential Care and Disability Support Services Act 2018. If you or your spouse or partner gets a lump sum payment, MSD will not consider this payment for 12 months. MSD must refuse to grant an accommodation supplement if it would be paid at a rate of zero. MSD must also cancel an accommodation supplement if it has been paid at a rate of zero for 8 weeks in a row. A specified lump sum payment means a payment of an impairment lump sum under Schedule 1 of the Accident Compensation Act 2001, or a lump sum payment of an independence allowance under the Accident Insurance Act 1998. This section does not limit MSD's discretion to refuse, reduce, or cancel an accommodation supplement under other parts of the Act.

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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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Part 2Assistance
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. MSD must refuse to grant an accommodation supplement if MSD is satisfied that it would, if granted, be payable at a rate of zero.

            4. MSD must cancel an accommodation supplement that has been granted if it has been payable at a rate of zero for 8 consecutive weeks.

            5. 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.

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

            7. 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).
                • Section 69(3A): inserted, on , by section 9 of the Social Assistance Legislation (Accommodation Supplement and Income-related Rent) Amendment Act 2025 (2025 No 27).
                • Section 69(3B): inserted, on , by section 9 of the Social Assistance Legislation (Accommodation Supplement and Income-related Rent) Amendment Act 2025 (2025 No 27).