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Residential Care and Disability Support Services Act 2018

Funding and funder’s liability - When funder’s liability arises

56: When funder’s liability arises for cost of LTR contracted care of qualifying person

You could also call this:

"When the government helps pay for your care costs"

Illustration for Residential Care and Disability Support Services Act 2018

If you are getting care, the person paying for it might help with the cost. This happens when your assets have been checked and are above a certain amount. The help starts on the day you got your care needs assessed, if you were already getting care, or on the day you started getting care if you were not.

If your assets are equal to or below a certain amount, the person paying for your care helps with the cost. They help from the day your assets were first equal to or below this amount, during a 90-day period before your means were assessed. You still have to pay a part of the cost, based on your income, as stated in section 17.

The 90-day period is the 90 days before the day your means were assessed. The person paying for your care also considers what you would have paid according to section 16 when deciding how much to help you with the cost of 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=LMS41647.

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55: Funder’s liability for cost of LTR contracted care of elderly victim of crime, or

"The government pays for care home costs for elderly victims of crime."

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57: When funder’s liability arises for cost of LTR contracted care of exempt person or elderly victim of crime, or

"When the government must pay for care of people who are exempt or elderly victims of crime"

Part 7Funding and funder’s liability
When funder’s liability arises

56When funder’s liability arises for cost of LTR contracted care of qualifying person

  1. If the assets of a qualifying person (P) have been means assessed and determined to be above the asset threshold, the funder’s liability for the difference between P’s maximum contribution (under section 16) and the cost of P’s LTR contracted care begins—

  2. on the relevant date of needs assessment, if P is already receiving contracted care services; or
    1. on the date from which P receives contracted care services, in any other case.

      1. If the assets of a qualifying person (P) have been means assessed and determined to be equal to or below the asset threshold, the funder’s liability for the cost of P’s LTR contracted care (less any income contribution that P must pay under section 17) begins on the day during the 90-day period when P’s assets were first equal to or below the asset threshold.

      2. In this section, 90-day period means the period of 90 days before the relevant date of means assessment.

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