Residential Care and Disability Support Services Act 2018

Means assessment - Review of means assessment

50: Review under section 48 or 49 not obligatory

You could also call this:

"The Ministry doesn't have to re-check your means assessment just because the rules change."

Illustration for Residential Care and Disability Support Services Act 2018

If you have a means assessment, the Ministry of Social Development (MSD) does not have to review it just because the rules for means assessments change. You can ask for a review under section 47 if you want one. The MSD only has to review your means assessment if you apply for a review, even if the changes include things like new asset thresholds or a different personal allowance, which is explained in section 24(2).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS41632.


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49: Review if assets below applicable asset threshold, or

"Check if you still get help if you don't have many assets"


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51: Scope and date of review under section 47, 48, or 49, or

"What happens when your care support is reviewed under certain rules"

Part 6Means assessment
Review of means assessment

50Review under section 48 or 49 not obligatory

  1. Nothing in section 48 or 49 obliges MSD to conduct a review of a means assessment following a change in the tests used in means assessments (such as an increase to applicable asset thresholds or a change to the personal allowance (as defined in section 24(2))) unless the person to whom the means assessment relates applies for a review under section 47.

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