5Interpretation

1. In this Act and in Schedules 1 to 3, unless the context otherwise requires,—

   accommodation costs has the same meaning as in section 65 of the Social Security Act 2018

   applicable asset threshold means the applicable asset threshold (which is the value of assets that is applied to determine whether a resident assessed as requiring care must use the resident’s assets to pay the maximum contribution towards the cost of LTR contracted care provided to the resident) set out in Part 1 of Schedule 2

   assets has, for the purpose of an assets assessment conducted under section 34, the meaning given in clause 4 of Schedule 2

   benefit has the same meaning as in Schedule 2 of the Social Security Act 2018

   child has the same meaning as in Schedule 2 of the Social Security Act 2018

   contracted care provider has the meaning given in section 11

   contracted care services has the meaning given in section 11

   cost of LTR contracted care means, in relation to the person (P) to whom the care is provided, the amount that—

   1. is the cost of the contracted care services provided by a contracted care provider to meet P’s assessed long-term residential care needs; and
   2. is specified in the service agreement or section 88 notice that applies to the contracted care provider as the price payable for those services, whether or not the services provided to P are wholly or partly funded under that agreement or notice

   date of means assessment has the meaning given in section 52

   de facto partner and de facto relationship have the meanings given to them by sections 29 and 29A of the Interpretation Act 1999

   dependent child has the same meaning as in Schedule 2 of the Social Security Act 2018

   exempt assets has, for the purpose of an assets assessment conducted under section 34, in relation to the person being means assessed, the meaning given in clause 4 of Schedule 2

   funder means an entity responsible under the Pae Ora (Healthy Futures) Act 2022 for paying, in accordance with this Act, some or all of the cost of contracted care services provided to a qualifying person or a special case person

   Health New Zealand has the meaning in section 4 of the Pae Ora (Healthy Futures) Act 2022

   hospital means a hospital care institution as defined in section 58(4) of the Health and Disability Services (Safety) Act 2001

   income has, for the purpose of a person’s income assessment under section 37, the meaning given in clause 5 of Schedule 2

   long-term residential care or LTR care has the meaning given in section 11

   maximum contribution has the meaning given in section 15(2)

   Minister means the Minister who is, with the authority of the Prime Minister, for the time being responsible for the administration of this Act

   MSD—

   1. means the responsible department; but
   2. for a duty, function, or power that MSD must or may perform or exercise, means—
      1. the chief executive of the responsible department; or
      2. a public service employee, or other person, acting under a delegation (direct or indirect) from that chief executive

   partner, in the phrase spouse or partner and in related contexts, means a civil union partner or de facto partner

   personal allowance has the meaning given in section 24(2)

   qualifying person has the meaning given in section 11

   resident assessed as requiring care means a qualifying person who—

   1. has been positively needs assessed (as defined in section 14); and
   2. is receiving contracted care services (irrespective of whether a funder has any liability to pay for any of the cost of the qualifying person’s care)

   responsible department, for the provisions of this Act, means—

   1. the department of State that, with the Prime Minister’s authority, is for the time being responsible for the administration of this Act; or
   2. a departmental agency that, under the Public Service Act 2020, is part of that department of State, and has duties, functions, or powers relating to that administration

   rest home means premises used to provide rest home care—

   1. within the meaning of section 6 of the Health and Disability Services (Safety) Act 2001; and
   2. that is therefore health care services required by that Act to be provided in accordance with section 9 of that Act

   section 94 notice means a notice—

   1. given under section 94 of the Pae Ora (Healthy Futures) Act 2022; and
   2. in respect of the provision of LTR care

   service agreement means a service agreement—

   1. entered into between a funder and provider; and
   2. in respect of the provision of long-term residential care to a qualifying person or special case person

   single means not married or in a civil union or a de facto relationship

   special case person has the meaning given in section 11

   spouse, of a person, means the person’s husband or wife.