Implementing the Court of Appeal Judgment on the Means Assessment for Long-Term Aged Residential Care

The Cabinet paper sought:

• Cabinet confirmation of a strategy to implement a Court of Appeal judgement retrospectively in relation to the financial means assessments for long-term residential care
• Cabinet agreement for MSD to process refunds to clients/estates directly rather than through DHBs and rest home owners
• amendments to the Social Security Regulations 2018 and the Residential Care and Disability Support Services Regulations 2018 to exempt retrospective back-payments arising from these reviews from asset and income tests for the Residential Care Subsidy and social security assistance for a 12-month period from the date of payment.