Section 85 — Social Security Act 2018: Disability allowance: discretionary grant

85 Disability allowance: discretionary grant (1) MSD may grant a disability allowance to or on account of a person who— (a) meets the criteria for eligibility in subsection (2) (or to the dependent spouse or dependent child of that person); or (b) falls into a special category of eligibility specified in regulations made under section 425 . (2) The criteria for eligibility are that— (a) the person has a disability that has resulted in a reduction of the person’s independent function to the extent that the person requires— (i) ongoing support to undertake the everyday functions of life; or (ii) ongoing supervision or treatment by a health practitioner; and (b) the disability is likely to continue for at least 6 months; and (c) either— (i) the person is receiving a main benefit under this Act; or (ii) the person’s income (including the income of the person’s spouse or partner and any New Zealand superannuation or veteran’s pension payable to the person or the person’s spouse or partner) is less than the appropriate amount in Part 3 of Schedule 5 ; and (d) the person has additional expenses of an ongoing kind arising from the person’s disability (subject to clause 19 of Schedule 3) and the assistance towards those expenses available under this Act or any other enactment is insufficient to meet them. (3) Regulations made under section 425 may override subsection (1) of this section by requiring MSD to grant a disability allowance to or on account of a person who falls into a special category of eligibility specified in those regulations. (4) In this section, health practitioner — (a) has the same meaning as in section 5(1) of the Health Practitioners Competence Assurance Act 2003; and (b) includes a person who is receiving training or gaining experience under the supervision of a health practitioner. Compare: 1964 No 136 s 69C(1), (2), (2A), (8)