Section 72 — Social Security Act 2018: Winter energy payment: requirements

72 Winter energy payment: requirements (1) A person is entitled to a winter energy payment for 1 or more days during the winter period if, for those days,— (a) the person is receiving a qualifying benefit (or a portion of it), either as the person granted that benefit or as the spouse or partner of that person; and (b) the qualifying benefit (or a portion of it) is payable to the person; and (c) the person is not disqualified under subsection (2). (2) However, the person is not entitled to a winter energy payment for 1 or more days during the winter period if, for those days,— (a) the qualifying benefit is payable at a rate prescribed in respect of a person who is in a relationship, and MSD has determined under subsection (3) that the person’s spouse or partner is entitled to a winter energy payment; or (b) the rate of the person’s qualifying benefit is required by section 206(2) to be reduced to the rate payable to long-term hospital patients, and the payment has been reviewed under section 304 and terminated under section 75 ( see also section 309 ); or (c) the person is receiving long-term residential care in a hospital or rest home, and that care is funded, in whole or in part, under the New Zealand Public Health and Disability Act 2000 ; or (d) the person is receiving residential care services, and those services are funded, in whole or in part, under the New Zealand Public Health and Disability Act 2000 ; or (e) the person has made, and not revoked, an election not to receive the payment ( see section 73 ). (3) If the qualifying benefit is payable at a rate prescribed in respect of a person who is in a relationship, MSD must determine which 1 of the spouses or partners is (as only 1 of them can be) entitled to a winter energy payment. Compare: 1964 No 136 s 61FG