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Residential Care and Disability Support Services Act 2018

Means assessment - Factors affecting means assessment: deprivation of income or property

40: Deprivation of income or property: inclusion in review of means assessment

You could also call this:

"What happens if you get rid of money or property on purpose when your income is being checked"

Illustration for Residential Care and Disability Support Services Act 2018

If you have been means assessed, or your spouse or partner has, the Ministry of Social Development (MSD) might think you have gotten rid of some income or property on purpose. MSD can then look at your means assessment again and include the income or property you got rid of, as if you still had it. This helps MSD work out how much money you really have.

When MSD talks about property, they do not mean things that are exempt, which are special things that do not count. You can find more information about this by looking at the Residential Care and Disability Support Services Act 2018 and other related laws, such as the law referenced in s 147A(2). MSD uses these laws to make decisions about your means assessment.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS41608.

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39: Deprivation of income or property: means assessment as if deprivation had not occurred, or

"If you give away money or property on purpose, it still counts when the government works out how much you have."

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41: Means assessment must be recorded in writing, or

"The government must write down the result of your means assessment so you have an official record."

Part 6Means assessment
Factors affecting means assessment: deprivation of income or property

40Deprivation of income or property: inclusion in review of means assessment

  1. This section applies where MSD is satisfied that a person who has been means assessed (P), or P’s spouse or partner, has directly or indirectly deprived himself or herself of any income or property.

  2. In conducting a review of P’s means assessment, MSD may include the income or property as at the date of the means assessment as if the deprivation had not occurred.

  3. In this section, property does not include an exempt asset.

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