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Residential Care and Disability Support Services Act 2018

Means assessment - Review of means assessment

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

You could also call this:

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

Illustration for Residential Care and Disability Support Services Act 2018

When you have a review under section 47, 48, or 49, it must look at your means assessment for assets and income, unless a special rule applies. You will only have your income assessed if you are reviewed under certain sections, such as section 47(a) and you have assets below a certain threshold, or under section 49.

Your review will be based on the date you had your means assessment done.

If your review finds that your assets were below the threshold at the time of your means assessment, then section 38(1)(c) will apply to you.

You can compare this to older laws, such as the one from 1964, but the current rules are what matter for your review.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS41633.

Topics:
Health and wellbeing > Healthcare servicesMoney and consumer rights > Savings and retirement
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50: Review under section 48 or 49 not obligatory, or

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

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52: Date of means assessment, or

"When your application for a means assessment is received, that's the date that matters for your assessment."

Part 6Means assessment
Review of means assessment

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

  1. A review must review the person’s means assessment as to assets and, if necessary, the person’s means assessment as to income unless subsection (2) applies.

  2. A review must review the person’s means assessment as to income only (and not the person’s means assessment as to assets) if the review is conducted under—

  3. section 47(a) and the person has been means assessed and determined to have assets equal to or below the applicable asset threshold; or
    1. section 49.

      1. A review is conducted as at the date of means assessment.

      2. Section 38(1)(c) applies if a review determines that, as at the date of means assessment, the assets of the person were equal to or below the applicable asset threshold.

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