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Residential Care and Disability Support Services Act 2018

Means assessment - Relationship status

45: Relationship status for purpose of means assessment: determination that person is single

You could also call this:

"When you're married but living apart, the government may treat you as single for money assessments."

Illustration for Residential Care and Disability Support Services Act 2018

When you are married or in a civil union, but you are living apart from your spouse or partner and you are not in a de facto relationship, the Ministry of Social Development (MSD) may decide to treat you as single for the purpose of assessing your means. You will be treated as single if you meet these conditions. MSD makes this decision.

If you or your spouse or partner has been assessed as needing long-term residential care indefinitely, or if you or your spouse or partner is unable to confirm your marriage or civil union, MSD cannot decide you are single just because of this. These reasons are not enough on their own for MSD to make this decision. There must be other reasons.

MSD can decide on a date when you and your spouse or partner started living apart, and this date will be used for the decision. This date is important for the decision. It will be used to determine when you started living apart.

Any decision MSD makes about your relationship status will also be used for other purposes, such as recovering debts or dealing with offences, under the Residential Care and Disability Support Services Act 2018. This decision will apply to all these areas. It is not just for assessing your means.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS41622.

Topics:
Health and wellbeing > Healthcare servicesMoney and consumer rights > Consumer protectionFamily and relationships > Marriage and partnerships
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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."

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46: Relationship status for purpose of means assessment: determination that person is in de facto relationship, or

"How the government decides if you're in a de facto relationship for money assessments"

Part 6Means assessment
Relationship status

45Relationship status for purpose of means assessment: determination that person is single

  1. For the purpose of a means assessment under this Act, MSD may make a determination to regard as single a person (P) who is married or in a civil union, but is—

  2. living apart from P’s spouse or partner; and
    1. not in a de facto relationship.

      1. However, MSD cannot under subsection (1) determine that P is single by reason only that P or P’s spouse or partner—

      2. has been assessed as requiring LTR care indefinitely; or
        1. has become unable to affirm P’s marriage or civil union.

          1. A determination under subsection (1) may include a date, determined by MSD, on which the spouses or partners must be taken for the purposes of the determination to have commenced to live apart.

          2. Every determination under this section also applies for the purposes of every debt-recovery or offence provision in, under, or for the purposes of, this Act.

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