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Residential Care and Disability Support Services Act 2018

Means assessment - Change in circumstances

43: Obligation to notify MSD of change in circumstances

You could also call this:

"Tell MSD if your situation changes and it might affect your care help"

Illustration for Residential Care and Disability Support Services Act 2018

If you are getting help with residential care, you must tell the Ministry of Social Development (MSD) if your situation changes. You must do this if you know or should know that the change might affect how much help you get. You are one of the people who must tell MSD about changes if you are the person getting help, their spouse or partner, the care provider, or someone with power of attorney over their property, given in accordance with Part 9 of the Protection of Personal and Property Rights Act 1988. You do not have to tell MSD about changes if you have very few assets and the change is about the value of your assets, or if the funder does not have to pay for your care.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS41616.

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42: Notice of means assessment, or

"You get a notice about how your money affects your care costs after a means assessment."

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44: Funder must ensure person assessed advised of right of review, or

"You have the right to check and challenge the result of your means assessment."

Part 6Means assessment
Change in circumstances

43Obligation to notify MSD of change in circumstances

  1. A person (A) listed in subsection (2) must advise MSD of any change in the financial or other circumstances of a person who has been means assessed (B), or of B’s spouse or partner, if A—

  2. knows or ought to know of the change in circumstances; and
    1. knows or ought to know that the change might mean that the means assessment is no longer accurate.

      1. For the purposes of subsection (1), A is any of the following:

      2. B, the person who has been means assessed:
        1. B’s spouse or partner:
          1. the provider who provides contracted care services to B:
            1. the holder of an enduring power of attorney (given in accordance with Part 9 of the Protection of Personal and Property Rights Act 1988) who acts under the enduring power of attorney in relation to the property of B or B’s spouse or partner.

              1. Subsection (1) does not apply if—

              2. B has been found to have assets equal to or below the applicable asset threshold and the change relates to the value of B's assets, or to the value of the assets of B's spouse or partner; or
                1. a funder has no liability under this Act in respect of the contracted care services provided to B.

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