Part 9Miscellaneous
74Regulations
The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
- identifying a class or classes of exempt persons:
- prescribing how a person is to be assessed as being, or no longer being, an elderly victim of crime:
- providing, in accordance with section 71, for payment of a clothing allowance, and setting the amount of any clothing allowance payable:
- prescribing, for the purpose of section 39, rules relating to deprivation of property, income, or both, and the circumstances in which those rules apply:
- prescribing the gifting period and the allowable gifts, or the value of any allowable gifts, for the purpose of paragraph (b) of the definition of assets in Part 2 of Schedule 2:
- amending the maximum value of pre-paid funerals for the purpose of paragraph (d) of the definition of exempt assets in Part 2 of Schedule 2:
- prescribing assets, or an amount of assets, that are exempt assets for the purpose of paragraph (g) of the definition of exempt assets in Part 2 of Schedule 2:
- increasing the applicable asset thresholds, and the income-from-assets exemption, in accordance with section 75:
- prescribing an amount or a type of income, or an amount of a certain type of income, that is not to be included in a means assessment as to income, as provided for in paragraph (i) of the definition of income in Part 3 of Schedule 2:
- prescribing the amount of personal allowance (as defined in section 24(2)):
- defining terms to be excluded as cash assets for the purpose of Part 8 (see the definition of cash assets in section 61(1)):
- specifying that certain amounts of cash assets or income are not to be included within the financial means assessment of a person under Part 8 (see the definitions of cash assets and income in section 61):
- providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
The purpose of exemption regulations made under subsection (1)(a) is to specify a class or classes of persons who, because of their circumstances (for example, a requirement to undergo compulsory treatment), should be liable to contribute to the cost of their LTR care only the amount of any benefit that they receive, less the personal allowance (see sections 23 and 24 and subsection (1)(j)).
Exemption regulations made under subsection (1)(a) may be made only on the recommendation of the Minister.
The Minister must, before making a recommendation that particular exemption regulations be made under subsection (1)(a),—
- have regard to the purpose of this Act (as set out in section 3), to the purpose of section 24 (exempt person liable to contribute benefit only), and to the purpose of the regulations; and
- be satisfied that each exemption provided for in them is not broader than is reasonably necessary to address the matters that gave rise to the regulations.
Regulations published under the Legislation Act 2019 under subsection (1)(i), (l), or (m) have effect in respect of any amounts or types of cash assets, income, or amounts of certain types of income, or defined terms to be excluded as cash assets, specified in the regulations on and after a date that is—
- specified in the regulations; and
- earlier than, the same as, or later than, the date on which the regulations are made.
Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).