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Residential Care and Disability Support Services Act 2018

Means assessment - Relationship status

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

You could also call this:

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

Illustration for Residential Care and Disability Support Services Act 2018

When you are getting a means assessment under this Act, the Ministry of Social Development (MSD) can decide that you are in a de facto relationship with someone. This means you are living with someone as a couple, but you are not married or in a civil union. MSD can choose a date when they think you started or ended your de facto relationship, and this date will be used for your assessment. This decision will also be used if there are any issues with debt recovery or offences related to this Act, and you can find more information by looking at the relevant legislation or other related laws.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS41623.

Topics:
Money and consumer rights > Savings and retirementHealth and wellbeing > Healthcare servicesFamily and relationships > Marriage and partnerships
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45: Relationship status for purpose of means assessment: determination that person is single, or

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

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47: Review by MSD, or

"MSD checks your money again if you ask or if they think they made a mistake"

Part 6Means assessment
Relationship status

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

  1. For the purpose of a means assessment under this Act, MSD may make a determination to regard as a party to a de facto relationship any 2 people who, not being legally married or in a civil union, have entered into a de facto relationship.

  2. A determination under subsection (1), for the purposes of the assessment, may include either or both of the following dates:

  3. a date, determined by MSD, on which the 2 people must be taken as having entered into the de facto relationship:
    1. a date, determined by MSD, on which the de facto relationship of the 2 people must be taken to have ended.

      1. 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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