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New Zealand law explained for everyone

Social Security Act 2018

Assistance - Disability allowance

85: Disability allowance: discretionary grant

You could also call this:

“Extra money for disability costs if you need it”

The government can give you a disability allowance if you have a disability. This is extra money to help with costs related to your disability.

You can get this allowance if you have a disability that makes it hard for you to do everyday things on your own. You might need ongoing help or regular care from a doctor or other health worker. Your disability needs to last for at least 6 months.

To get the allowance, you need to be getting another main benefit, or your income (including your partner’s income) needs to be below a certain amount. You also need to show that you have extra ongoing costs because of your disability, and that other help you’re getting isn’t enough to cover these costs.

Sometimes, the government might make special rules that say certain people must get this allowance, even if they don’t meet all the usual requirements.

When they talk about health practitioners, they mean doctors, nurses, and other people who are trained to look after your health. This includes people who are still learning to be health practitioners.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783280.

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Part 2 Assistance
Disability allowance

85Disability allowance: discretionary grant

  1. MSD may grant a disability allowance to or on account of a person who—

  2. meets the criteria for eligibility in subsection (2) (or to the dependent spouse or dependent child of that person); or
    1. falls into a special category of eligibility specified in regulations made under section 425.

      1. The criteria for eligibility are that—

      2. the person has a disability that has resulted in a reduction of the person’s independent function to the extent that the person requires—
        1. ongoing support to undertake the everyday functions of life; or
          1. ongoing supervision or treatment by a health practitioner; and
          2. the disability is likely to continue for at least 6 months; and
            1. either—
              1. the person is receiving a main benefit under this Act; or
                1. the person’s income (including the income of the person’s spouse or partner and any New Zealand superannuation or veteran’s pension payable to the person or the person’s spouse or partner) is less than the appropriate amount in Part 3 of Schedule 5; and
                2. the person has additional expenses of an ongoing kind arising from the person’s disability (subject to clause 19 of Schedule 3) and the assistance towards those expenses available under this Act or any other enactment is insufficient to meet them.

                  1. Regulations made under section 425 may override subsection (1) of this section by requiring MSD to grant a disability allowance to or on account of a person who falls into a special category of eligibility specified in those regulations.

                  2. In this section, health practitioner—

                  3. has the same meaning as in section 5(1) of the Health Practitioners Competence Assurance Act 2003; and
                    1. includes a person who is receiving training or gaining experience under the supervision of a health practitioner.

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