The notice given under the Social Security Act 2018, which was published in the New Zealand Gazette, 30 June 2021, Notice No. 2021-go2265 is hereby revoked and replaced by the following:

Notice is given of the making of the following instruments by the Minister for Social Development and Employment.

This instrument, which comes into force on 11 June 2021 amends the Ministerial Direction in relation to Special Benefit given on 10 February 1999 and made under the Social Security Act 1964 (and saved by Schedule 1 of the Social Security Act 2018). The amendment excludes as a person’s chargeable income for a period of 12 months—

• any lump sum residential care subsidy refund made to a person on or after 11 June 2021, and arising from a retrospective review of any means assessment (for example, any assessments of cash assets, chargeable income, or income) by the Ministry of Social Development following the decision in Chief Executive of the Ministry of Social Development v Broadbent [2019] NZCA 201:
• any income derived from such a payment.

This instrument, which comes into force on 15 June 2021 amends the Ministerial Direction in relation to Special Benefit given on 10 February 1999 and made under the Social Security Act 1964 (and saved by Schedule 1 of the Social Security Act 2018). The amendment amends the definition of “lump sum residential care subsidy refund” to ensure lump sum payments arising from a retrospective review of means assessment following Broadbent are exempt as income for Special Benefit purposes for the period of 12 months after the payment was received from the date this instrument comes into force.

A copy of these instruments are available for free at: https://www.msd.govt.nz/about-msd-and-our-work/about-msd/legislation/notice-of-change.html.

These instruments are disallowable instruments for the purposes of the Legislation Act 2012 and are administered by the Ministry for Social Development.

Dated this 3rd day of August 2021.

Hon CARMEL SEPULONI, Minister for Social Development and Employment.