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Social Security Act 2018

Other provisions - Regulations

426: Regulations: use of disability allowance to fund specified expenses

You could also call this:

“Rules about how you can spend your disability allowance money”

The Governor-General can make rules about how you can use your disability allowance to pay for certain things. These rules must follow section 86, which talks about expenses that aren’t covered by the disability allowance.

The rules can say what things you’re not allowed to use your disability allowance for. They can also say how much of your allowance you can use for certain things, or what conditions you need to follow when using it.

The rules might set limits on how much of your allowance you can spend on certain things, or how often you can use it for those things.

If the rules change, there might be special arrangements to help people who are already getting a disability allowance. These arrangements might be different for different people or different expenses. The Minister might decide when these special arrangements start or end.

The rules made about the disability allowance, and any notices about when special arrangements start or end, are called secondary legislation. This means they have to be published in a certain way so everyone can see them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783996.

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Part 8 Other provisions
Regulations

426Regulations: use of disability allowance to fund specified expenses

  1. The Governor-General may, by Order in Council, make regulations relating to the use of a disability allowance to fund specified expenses.

  2. Regulations made under subsection (1) must be not inconsistent with section 86 (disability allowance: excluded expenses), but otherwise may (without limitation) do all or any of the following:

  3. specify classes, descriptions, or kinds of expenses that—
    1. must not be funded by way of a disability allowance; or
      1. may be funded by way of a disability allowance only to an extent specified in the regulations, or only subject to compliance with conditions specified in the regulations, or both:
      2. provide for transitional and savings provisions relating to use of a disability allowance to fund specified expenses.

        1. Regulations made under subsection (1) that do what is stated in subsection (2)(a)(ii) may specify maximum funded proportions, amounts, numbers, or frequencies relating to all or any of the expenses concerned.

        2. Transitional or savings provisions under subsection (2)(b) may (without limitation) provide for all or any of the following:

        3. separate transitional or savings provisions for all or any specified people to or on account of whom a disability allowance is payable immediately before the commencement of this section:
          1. separate transitional or savings provisions for all or any specified expenses to which the regulations apply (when they, or any regulations amending them or made under subsection (2)(b), come into force):
            1. specified transitional or savings provisions to have effect at a time, or on the occurrence of an event (for example, at the end of any existing contractual arrangements), specified by the Minister by a written notice.

              1. The following are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements):

              2. regulations under this section:
                1. a notice under subsection (4)(c).

                  Compare
                  Notes
                  • Section 426(4)(c): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                  • Section 426(5): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).