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New Zealand law explained for everyone

Social Security Act 2018

Assistance - Child disability allowance

79: Meaning of child with a serious disability

You could also call this:

“What counts as a child with a serious disability needing constant care”

A child with a serious disability is a dependent child who has a disability that requires constant care and attention. This care is expected to be needed for more than 12 months or possibly forever.

To decide if a child needs constant care and attention, the Ministry of Social Development (MSD) looks at a few things. They check if the child needs someone to help them often with their body functions. They also see if the child needs much more attention and supervision than other children their age and gender usually need. Finally, they consider if the child needs to be watched regularly to keep them or others safe from serious danger.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783270.

Topics:
Health and wellbeing > Healthcare services
Family and relationships > Children and parenting
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78: Child disability allowance: discretionary grant, or

“Allowance for children with serious disabilities who live at home or in special care”

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80: Child disability allowance: MSD may require medical certificate, or

“MSD may ask for a doctor's note when you apply for money to help with your child's disability”

Part 2 Assistance
Child disability allowance

79Meaning of child with a serious disability

  1. In this subpart, child with a serious disability means a dependent child who—

  2. has a disability; and
    1. because of that disability needs constant care and attention; and
      1. is likely to need such care and attention permanently or for a period exceeding 12 months.

        1. In determining for subsection (1)(b) whether a child needs constant care and attention, MSD must consider whether the child (C) requires from another person—

        2. frequent attention in connection with C’s bodily functions; or
          1. substantially more attention and supervision than is normally required by a child of the same age and sex; or
            1. regular supervision in order to avoid substantial danger to C or to others.

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