Residential Care and Disability Support Services Act 2018

Home-based disability support services

59: Application of this Part

You could also call this:

"Who this part of the law is for, regarding home-based disability support services"

Illustration for Residential Care and Disability Support Services Act 2018

This part of the law applies to you if you have been assessed by Health New Zealand as needing home-based disability support services. You must not be a child and not have a community services card issued under the Health Entitlement Cards Regulations 1993. You also must not have a corresponding card issued under regulations made under section 102(1) of the Pae Ora (Healthy Futures) Act 2022 or section 437 of the Social Security Act 2018. Home-based disability support services are services that help you with your daily life so you can stay in your home. These services are funded under the Pae Ora (Healthy Futures) Act 2022. They do not include medical services or personal care. For this part of the law, a child is someone under 18 years old, unless they are 16 or 17 and financially independent. A health practitioner is someone who gives medical care, and this includes people training to be health practitioners. Medical services are treatments given by a health practitioner to help with a disability or to rehabilitate someone.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS41658.

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Part 8Home-based disability support services

59Application of this Part

  1. This Part applies to a person who—

  2. has been assessed by or on behalf of Health New Zealand as requiring home-based disability support services; and
    1. is not a child; and
      1. is not entitled to be the holder of—
        1. a community services card issued under the Health Entitlement Cards Regulations 1993; or
          1. a corresponding card issued under corresponding regulations made or deemed to have been under either or both of section 102(1) of the Pae Ora (Healthy Futures) Act 2022 and section 437 of the Social Security Act 2018.
          2. For the purposes of this Part and Schedules 1 and 3, home-based disability support services means disability services that are supplied to a person, and that are services—

          3. in relation to the person’s domestic affairs (other than medical services, personal care services, attendant care services, and relief care services) that support and allow the person to remain in the person’s home; and
            1. of a kind that are funded under the Pae Ora (Healthy Futures) Act 2022.
              1. For the purposes of this Part and Schedules 1 and 3,—

                child means a single person under the age of 18 years, other than a person who is—

                1. aged 16 or 17 years; and
                  1. financially independent

                    health practitioner

                    1. has the same meaning as in section 5(1) of the Health Practitioners Competence Assurance Act 2003; and
                      1. includes a person who is receiving training or gaining experience under the supervision of a health practitioner

                        medical services means services supplied to a person by a health practitioner relating to the treatment or relief of the person’s disability condition or the rehabilitation of the person from that condition.

                        Compare
                        Notes
                        • Section 59(1)(a): amended, on , by section 104 of the Pae Ora (Healthy Futures) Act 2022 (2022 No 30).
                        • Section 59(1)(c)(ii): amended, on , by section 104 of the Pae Ora (Healthy Futures) Act 2022 (2022 No 30).
                        • Section 59(2)(b): amended, on , by section 104 of the Pae Ora (Healthy Futures) Act 2022 (2022 No 30).