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Residential Care and Disability Support Services Act 2018

Schedule 1: Transitional, savings, and related provisions for residential care and disability support services

You could also call this:

"Rules to help change from old laws to the new Residential Care and Disability Support Services Act 2018"

Illustration for Residential Care and Disability Support Services Act 2018

When the Residential Care and Disability Support Services Act 2018 started, some things from the old Social Security Act 1964 were still in place. You need to know what happens to these old rules. The old rules about long-term residential care are still used, but now they follow the new rules in section 45(1) or section 46(1). If someone applied for a needs assessment or means assessment under the old rules and it hadn't started yet, it will now be treated as if they applied under the new rules in section 27 or section 32.

Some assessments and reviews were already happening under the old rules. These will now be completed under the new rules. For example, reviews of means assessments will be completed under sections 47 to 51. Notices about means assessments that were already given will still be in force, but now they will follow the new rules in sections 41 and 42. Gazette notices given under the old rules will also still be in force, but now they will follow the new rules in section 53, section 70, or section 76.

If someone made an election under the old rules, it will now be treated as if they made an election under the new rules in clause 2 of Schedule 2. Applications for home-based disability support services will now be treated as if they were made under the new rules in section 60. Reviews of these applications will be completed under section 66. Regulations made under the old rules will still be in force, but now they can be amended, revoked, or replaced under the new rules in section 74.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS41699.

Topics:
Health and wellbeing > Healthcare servicesMoney and consumer rights > Savings and retirement
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77: Repeals and revocations, or

"What laws are no longer valid and have been cancelled or replaced."

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Schedule 2: Means assessment for long-term residential care, or

"How your money and assets are assessed when you need long-term care"

1Transitional, savings, and related provisions for residential care and disability support services Empowered by s 7

1Determinations under section 63 of 1964 Act for long-term residential care, etc

  1. This clause applies to determinations—

  2. made under section 63 of the Social Security Act 1964; and
    1. made, or so far as they were made, for the purposes of section 69FA or 132D, Part 4, or Schedule 27 or 30 of that Act (see clause 3 of Schedule 1 of the Social Security Act 2018); and
      1. in force on the repeal of section 63 of the Social Security Act 1964.

        1. The determinations specified in subclause (1) continue in force with all necessary modifications, and may be amended, revoked, or replaced, as if made under section 45(1) or 46(1).

        2. However, the determinations specified in subclause (1) that are made under section 63(b) of the Social Security Act 1964 continue under subclause (2) as if they were determinations made under section 46(1).

        2Needs assessments and means assessments under Part 4 of 1964 Act

        1. An application made under section 137(2) of the Social Security Act 1964 for a needs assessment and not withdrawn must, if the assessment has not begun on that section’s repeal, be treated as if it were an application under section 27.

        2. An application made under section 144(1) of the Social Security Act 1964 for a means assessment and not withdrawn must, if the assessment has not begun on that section’s repeal, be treated as if it were an application under section 32.

        3. Needs assessments and means assessments begun under Part 4 of the Social Security Act 1964, and not withdrawn or completed on the repeal of that Part, must be completed by MSD under the corresponding provisions of this Act.

        4. Notices (of means assessments) provided under section 148 of the Social Security Act 1964, if those notices are in force on the repeal of that section, continue in force as if provided under sections 41 and 42.

        3Reviews of means assessments under section 150 of 1964 Act

        1. Reviews by the chief executive begun under section 150 of the Social Security Act 1964, and not withdrawn or completed on the repeal of that section, must be completed by MSD under the corresponding provisions of sections 47 to 51.

        4Gazette notices under section 152 of 1964 Act

        1. Gazette notices given under section 152 of the Social Security Act 1964, if those notices are in force on the repeal of that section, continue in force as if they were written notices given and published under section 53.

        5Gazette notices under section 153 of 1964 Act

        1. Gazette notices given under section 153 of the Social Security Act 1964, if those notices are in force on the repeal of that section, continue in force as if they were written notices given and published under section 70.

        6Gazette notices under section 155(4) of 1964 Act

        1. Gazette notices given under section 155(4) of the Social Security Act 1964, if those notices are in force on the repeal of that section, continue in force as if they were written notices given and published under section 76.

        7Elections under Schedule 27 of 1964 Act

        1. A resident's (R’s) election under clause 2 of Schedule 27 of the Social Security Act 1964 (as in force before its repeal) to have Column A of the table in clause 1 of that schedule (as in force before its repeal) apply to R is, after that repeal, treated as if it were an election (under clause 2 of Schedule 2) to have Threshold A in clause 1 of Schedule 2 apply to R.

        8Assessments under section 69FA of 1964 Act of financial means, and required payments, for home-based disability support services

        1. An application made under section 69FA of the Social Security Act 1964 and not withdrawn must, if the assessment under Schedule 30 of that Act has not begun on the repeal of that section and that schedule, be treated as if it were an application under section 60.

        2. Assessments under section 69FA and Schedule 30 of the Social Security Act 1964, and not withdrawn or completed on the repeal of that section and that schedule, must be completed by MSD under Part 8 of this Act.

        9Reviews under section 69FA(7) of 1964 Act

        1. Reviews by the chief executive begun under section 69FA(7) of the Social Security Act 1964, and not withdrawn or completed on the repeal of that section, must be completed by MSD under section 66.

        10Regulations made under section 132D or 155(1) of 1964 Act

        1. Regulations made under section 132D or 155(1) of the Social Security Act 1964, and in force on the repeal of that section, continue in force, and may be amended, revoked, or replaced, as if made under section 74.