Disability Support Services Bill

Disability Support Services Bill The Parliament of New Zealand enacts as follows: 1 Title This Act is the Disability Support Services Act 2026 . 2 Commencement This Act comes into force on the day after Royal assent. 3 Purposes of Act The purposes of this Act are to— a provide a legislative framework for DSS-funded disability support services, including by enabling the making of secondary legislation for the purpose of providing disability support services; and b in response to the decision of the Supreme Court in Fleming v Attorney-General [2025] NZSC 188, [2025] 1 NZLR 973,— i clarify the nature of the relationships between the Crown, contracted providers, and persons who provide DSS-funded disability support services to others; and ii temporarily provide for persons to act on behalf of disabled persons— A who do not have a person acting for them under the Protection of Personal and Property Rights Act 1988; and B in relation to the making of decisions about disability support services; and iii validate employment agreements between paid family carers and their disabled family members for a limited period; and iv address other employment-related matters connected with the provision of DSS-funded disability support services; and c mitigate litigation risk, and related fiscal risk, to the Crown. 4 Interpretation In this Act, unless the context otherwise requires,— contracted provider means a person engaged by the Ministry, under a contract for services, to perform, on behalf of the Crown, a function relating to the administration of the provision of DSS-funded disability support services disability support services includes goods, services, facilities, and financial assistance— a provided to disabled persons for their care or support or to contribute towards enabling them to live their everyday life; or b provided for purposes related or incidental to the care or support of people with disabilities or to contribute towards enabling them to live their everyday life disability support services includes— a goods, services, and facilities— i provided to disabled persons for their care or support or to contribute towards enabling them to live their everyday life; or ii provided for purposes related or incidental to the care or support of people with disabilities or to contribute towards enabling them to live their everyday life; and b financial assistance that is provided to disabled persons for the purpose of purchasing or obtaining such goods, services, and facilities DSS-funded disability support services — a means any disability support services funded (whether wholly or partly and whether directly or indirectly) by money appropriated by Parliament under— i the appropriation known, on the commencement of this Act, as the Disability Support Services multi-category appropriation (M23) (A25); or ii any predecessor, successor, or replacement appropriation with the same, or substantially the same, purpose; but b does not include any disability support services provided under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 b does not include— i any disability support services provided under, or in connection with, the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 (including any such services provided to facilitate the release of a person from compulsory care under that Act): ii any administrative services that facilitate the provision of disability support services or the stewardship of DSS funding legislation or policy (for example, the provision of information about disability support services to the public or the monitoring of the quality of disability support services) DSS funding legislation or policy means any of the following to the extent that it relates to the allocation and use of DSS-funded disability support services: a a direction given under section 10 : b a programme approved and established under section 11 : c any policy or programme established by the Crown before the commencement of this Act, as amended from time to time by the Minister under clause 8 of Schedule 1 eligible person means a person who— a has been assessed by the Ministry or a contracted provider under DSS funding legislation or policy as requiring disability support services; and b is eligible under DSS funding legislation or policy to be considered for DSS-funded disability support services family member , in relation to a person ( A ), means another person who— a is any of the following: i A’s spouse, civil union partner, or de facto partner: ii A’s child, tamaiti whāngai, stepchild, or grandchild: iii A’s sibling, half-sibling, or step-sibling: iv a parent or step-parent of A: v a person who acts as a parent of A: vi a grandparent of A: vii an uncle or aunt of A: viii a nephew or niece of A: ix a first cousin of A; or b is— i a member of A’s family, whānau, or other culturally recognised family group; and ii not mentioned in paragraph (a)(i) to (ix) ; and iii in a close relationship with A paid family carer means a person ( C ) who— a provides care to a person ( D ) who is— i a disabled person; and ii C’s family member; and b is paid, in whole or in part, for providing that care with from funding allocated to D in accordance with DSS funding legislation or policy. 5 Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms. 6 Act binds the Crown This Act binds the Crown. 7 Purpose of DSS-funded disability support services The purpose of DSS-funded disability support services is to contribute towards enabling eligible persons to live their everyday life by providing disability support services from within public funding available, having regard to their needs and circumstances. 8 Principles that Ministry and contracted providers must take into account when making decisions about provision of DSS-funded disability support services This section applies when the Ministry or a contracted provider is making decisions about the provision of DSS-funded disability support services. The Ministry or contracted provider must take into account the following principles: a families, whānau, and other culturally recognised family groups, where appropriate, have responsibility in the first instance for a responsibility to contribute to the well-being of their members: b before being provided with DSS-funded disability support services, an eligible person should, where appropriate, use their resources and any other support that is available to them, including from— i other publicly funded sources; and ii their family, whānau, or other culturally recognised family group; and iii their community. b decisions about the provision of DSS-funded disability support services to an eligible person should be made taking into account— i the choice or preferences of the eligible person, or another person lawfully acting on the eligible person’s behalf, regarding how DSS-funded disability support services could contribute to the eligible person’s everyday life (including if the eligible person requires support to— A make a choice or form preferences; or B communicate their choice or preferences); and ii the eligible person’s safety and dignity; and iii the eligible person’s immediate, and long-term, needs and circumstances; and iv where appropriate, the eligible person’s resources; and v any support that is available to the eligible person from other publicly funded sources; and vi where appropriate, any other support that is available to the eligible person, including from— A their family, whānau, or other culturally recognised family group; and B their community. 9 Neither Ministry nor contracted provider may allocate DSS-funded disability support services other than in accordance with this Act and DSS funding legislation or policy Neither the Ministry nor a contracted provider may allocate DSS-funded disability support services other than in accordance with this Act and DSS funding legislation or policy. 10 Minister may give Ministry binding directions The Minister may give the Ministry general or special written directions about the Ministry’s performance or exercise of any functions, duties, or powers of the Ministry under this Act. The Ministry must, in performing or exercising a function, duty, or power, comply with all relevant current directions given under this section. A direction given under this section is secondary legislation ( see Part 3 of the Legislation Act 2019 for publication requirements). 11 Approved disability support services programmes The Minister may, by written notice, approve and establish programmes for the purpose of providing disability support services. A programme approved and established by the Minister under subsection (1) — a must be administered by the Ministry; and b may do all or any of the following: i specify criteria for determining who is eligible to receive disability support services under the programme: ii specify criteria to be taken into account by the Ministry in allocating funding under the programme: iia specify ways in which disability support services may or must be provided under the programme: iii provide for the making of payments to persons who provide care to an eligible person who is their family member or who is otherwise in a close social relationship with them: iv provide funding for residential care for disabled persons: v impose conditions on the use of funding provided under the programme: vi set out processes for dealing with exceptional circumstances: vii set out other rules for the administration of the programme. The criteria that may be specified under subsection (2)(b)(i) or (ii) include (but are not limited to)— a the nature of a person’s disability: b the cause of a person’s disability: c the age of a person: d the nature of a person’s living arrangements: e the nature of the care or support that a person needs: f income-based criteria: g asset-based criteria: ga eligibility for an entitlement card issued under— i regulations made under section 437 of the Social Security Act 2018; or ii regulations saved as if they were made under section 437 of the Social Security Act 2018: h the likelihood that providing disability support services to a person in the short term will reduce their need for disability support services over the long term. The ways that may be specified under subsection (2)(b)(iia) include (but are not limited to)— a commissioning persons to provide disability support services to an eligible person or a class of eligible persons: b making payments to persons who provide disability support services to an eligible person who is their family member or who is otherwise in a close social relationship with them: c providing funding for residential care for disabled persons: d providing financial assistance to disabled persons for the purpose of purchasing or obtaining goods, services, and facilities specified in paragraph (a) of the definition of disability support services in section 4 . Before approving and establishing a programme under subsection (1) , the Minister must take into account— a the purpose of DSS-funded disability support services as set out in section 7 ; and b the principles set out in section 8(2) ; and ba the likely outcomes for disabled persons of approving and establishing the programme; and c any other matters that the Minister considers relevant. Before approving and establishing a programme under subsection (1) , the Minister must also consult such representatives of disabled persons as the Minister considers appropriate. However,— a the Minister may amend a programme approved and established under subsection (1) without complying with subsection (4A) , if the Minister is satisfied that— i the amendment is minor in effect or corrects a minor or technical error; or ii no eligible person will be adversely affected by the amendment; and b a failure to comply with subsection (4A) does not affect the validity of any programme approved and established under subsection (1) . A programme approved and established under this section is secondary legislation ( see Part 3 of the Legislation Act 2019 for publication requirements). 12 Recipient of payments under approved disability support services programme not employee of eligible person This section applies to a person ( A ) who receives payments— a under a programme approved and established under section 11 ; and b for providing care disability support services to an eligible person who is— i A’s family member; or ii otherwise in a close social relationship with A; and c made by the Ministry or a contracted provider; and d that are not made on behalf of the eligible person. A is not an employee of the eligible person. This section applies despite anything to the contrary in the Employment Relations Act 2000 or any other legislation or rule of law. 13 The Crown not employer of provider of DSS-funded disability support services without written agreement Determination of whether provider of DSS-funded disability support services is employee of the Crown or contracted provider This section applies to a determines whether a natural person ( A ) who provides DSS-funded disability support services to another an eligible person is an employee of the Crown or a contracted provider . The Crown is not the employer of A unless the Crown and A are parties to a written agreement that specifies that A is an employee of the Crown. If A is a party to, or covered by, a written agreement with the Crown stating that A is an employee, the agreement is conclusive proof that A is an employee of the Crown. If A is not a party to, or covered by, a written agreement with the Crown stating that A is an employee, that is conclusive proof that A is not an employee of the Crown. If A is a party to, or covered by, a written agreement with a contracted provider stating that A is an employee, the agreement is conclusive proof that A is an employee of the contracted provider. If A is not a party to, or covered by, a written agreement with a contracted provider stating that A is an employee, that is conclusive proof that A is not an employee of the contracted provider. This section— a is subject to clause 16 of Schedule 1 ; but b otherwise applies despite anything to the contrary in the Employment Relations Act 2000 or any other legislation or rule of law. To avoid doubt, a natural person who provides DSS-funded disability support services to an eligible person cannot invoke section 6(2) of the Employment Relations Act 2000 to determine whether they are an employee of the Crown or a contracted provider. 14 Contracted provider not employer of provider of DSS-funded disability support services without written agreement This section applies to a person ( A ) who provides DSS-funded disability support services to another person. A contracted provider is not the employer of A unless the contracted provider and A are parties to a written agreement that specifies that A is an employee of the contracted provider. This section— a is subject to clause 16 of Schedule 1 ; but b otherwise applies despite anything to the contrary in the Employment Relations Act 2000 or any other legislation or rule of law. 15 Neither the Crown nor contracted provider is controlling third party in relation to employee who provides DSS-funded disability support services to their employer This section applies to an employee who provides DSS-funded disability support services to their employer. For the purposes of the Employment Relations Act 2000, neither the Crown nor a contracted provider , nor any officer or employee of a contracted provider, is a controlling third party in relation to the employee mentioned in subsection (1) . 16 Neither the Crown nor contracted provider is involved in breach of employment standards relating to certain carers This section applies to a breach of employment standards if the breach relates to a person who— a provides care to a disabled person; and b is paid, in whole or in part, for providing that care with from funding allocated to the disabled person in accordance with this Act and DSS funding legislation or policy. For the purposes of the Employment Relations Act 2000, neither the Crown nor a contracted provider , nor any officer or employee of a contracted provider, is involved in the breach. In this section, employment standards has the meaning given in section 5 of the Employment Relations Act 2000. 17 Review of operation of Act The Minister must, within 5 years after the commencement of this Act,— a review the operation of this Act; and b consider whether any amendments to this Act are necessary or desirable; and c prepare a report on their findings. The Minister must, as soon as practicable after completing the report, present it to the House of Representatives. 18 Consequential amendments to other legislation Amend the legislation specified in Schedule 2 as set out in that schedule. 1 Transitional, savings, and related provisions In this Part, unless the context otherwise requires,— 3-year 5-year transition period means the period that— a starts on the commencement date; and b ends immediately before the date that is the third fifth anniversary of the commencement date Authority means the Employment Relations Authority established by section 156 of the Employment Relations Act 2000 commencement date means the date on which this Part comes into force employee has the meaning given in section 6 of the Employment Relations Act 2000 employment agreement has the meaning given in section 5 of the Employment Relations Act 2000 Employment Court means the Employment Court constituted under the Employment Relations Act 2000 Health and Disability Commissioner means the Health and Disability Commissioner appointed in accordance with section 8 of the Health and Disability Commissioner Act 1994 and section 28(1)(b) of the Crown Entities Act 2004 Human Rights Commission means the Human Rights Commission continued by section 4 of the Human Rights Act 1993 introduction date means the date on which the Disability Support Services Bill was introduced into the House of Representatives specified allegation means any assertion to the effect that a person’s right under section 19 of the New Zealand Bill of Rights Act 1990 to freedom from discrimination on 1 or more of the grounds stated in section 21(1)(b), (h), (i), and (l) of the Human Rights Act 1993 , being the right affirmed by section 19 of the New Zealand Bill of Rights Act 1990, has been breached before the introduction commencement date by— a any policy or programme established by the Crown that relates to— i the allocation and use of DSS-funded disability support services; and ii paid family carers; or b anything done or omitted to be done in compliance, or intended compliance, with any policy or programme described in paragraph (a) welfare guardian has the meaning given in section 2 of the Protection of Personal and Property Rights Act 1988. This clause applies to an employment agreement entered into before the commencement date between a paid family carer and a disabled an eligible person who is their family member. The employment agreement is not invalid merely because the disabled eligible person did not have the capacity to enter into the agreement. This clause applies to an employment agreement that would, but for clause 2 , be invalid. This clause applies to— a an employment agreement that would, but for clause 2 , be invalid: b any variation of such an employment agreement that was agreed to personally by a person to whom section 68(2)(a) of the Employment Relations Act 2000 applied at the time the employment agreement was entered into and to whom it continued to apply at the time the person agreed to the variation (regardless of whether the variation was made before, on, or after the commencement date). For the purposes of the Employment Relations Act 2000, bargaining for the employment agreement or variation is not unfair. This clause applies to an employment agreement that— a would, but for clause 2 , be invalid; and b has not expired or been terminated by the end of the 3-year 5-year transition period. The employment agreement expires at the end of the 3-year 5-year transition period. This clause applies if, during the 3-year transition period, a paid family carer who is an employee of an eligible person provides, or is available to provide, any hours of care to their employer the eligible person in excess of the number of hours of care for which funding is provided to that employer eligible person under DSS funding legislation or policy. For the purposes of the Minimum Wage Act 1983, the paid family carer is treated as not performing work during the excess hours. In this clause,— 3-year transition period means the period that— a starts on the commencement date; and b ends immediately before the date that is the third anniversary of the commencement date employer has the meaning given in section 5 of the Employment Relations Act 2000 hours includes part-hours. This clause applies if,— a before the commencement date, the Ministry or a contracted provider regarded , or could reasonably have regarded, a person ( A ) as acting on behalf of a disabled person ( B ) in relation to the making of decisions about disability support services for B; and b at the time that the Ministry or the contracted provider first regarded A as acting on behalf of B in relation to the making of decisions about disability support services for B, B did not have the capacity to make decisions about disability support services for B; and c immediately before the commencement date, B did not have any of the following persons acting for them: i an attorney: ii a welfare guardian: iii a manager. The requirement in subclause (1)(b) is treated as having been met if the Ministry or the contracted provider can show that, before the commencement date, they had information from which it was reasonable to conclude that B did not have the capacity to make decisions about disability support services for B. During the 3-year 5-year transition period, A may act on behalf of B in relation to the making of decisions about disability support services for B as if— a A is acting in the best interests of B; and b A has sought B’s views on the decisions to be made; and c B has the capacity to— i make decisions about disability support services for B; and ii appoint a person to act on their behalf; and iii provide instructions to a person that B has appointed to act on their behalf. However, A ceases to be able to act on behalf of B in relation to the making of decisions about disability support services for B if, during the 3-year 5-year transition period, — B begins to have a person listed in subclause (1)(c) acting for them. a B begins to have a person listed in subclause (1)(c) acting for them; or b B regains or develops the capacity to make decisions about disability support services for B; or c the Ministry or the contracted provider determines that A is no longer willing, able, or suitable to act on behalf of B. If subclause (3)(c) applies, the Ministry or the contracted provider— a may treat another person as acting on behalf of B in relation to the making of decisions about disability support services for B (and, for the purposes of this section, that other person is to be treated as if they were A); and b must have regard to the following when making a decision under paragraph (a) about whom to treat as acting on behalf of B: i whether the person is willing, able, and suitable to act on behalf of B: ii the Code of Health and Disability Services Consumers’ Rights prescribed by regulations made under section 74(1) of the Health and Disability Commissioner Act 1994: iii any relevant internal policies of the Ministry. Nothing in this clause limits or affects— a the Protection of Personal and Property Rights Act 1988; or b the law of agency. In this clause, attorney and manager have the meanings given in section 2 of the Protection of Personal and Property Rights Act 1988. Nothing in this Act invalidates any act done, or any decision made, by the Ministry or a contracted provider before the commencement date. During the 3-year 5-year transition period, the Minister may amend or revoke any policy or programme— a established by the Crown before the commencement of this Act; and b relating to the provision of DSS-funded disability support services. This clause applies to a policy or programme described in clause 8 that has not been revoked under that clause by the end of the 3-year 5-year transition period. The policy or programme ceases to have effect from the end of the 3-year 5-year transition period. This clause applies to the following proceedings lodged or filed with the Authority or the Employment Court, but not determined or resolved, before the commencement date: a proceedings seeking 1 or more of the following: i a declaration or determination that a specified person is or was an employee of the Crown or a contracted provider while they are or were providing or receiving DSS-funded disability support services: ii any remedies that would or may be available to a specified person as a consequence of a declaration or determination referred to in subparagraph (i) : iii a declaration of breach under section 142B of the Employment Relations Act 2000 against the Crown or a contracted provider (or any officer or employee of a contracted provider) that relates to a specified person and the provision or receipt of DSS-funded disability support services: iv a compensation order under section 142J of the Employment Relations Act 2000 against the Crown or a contracted provider (or any officer or employee of a contracted provider) that relates to a specified person and the provision or receipt of DSS-funded disability support services: v the recovery, under section 142Y of the Employment Relations Act 2000, from the Crown or a contracted provider (or any officer or employee of a contracted provider) , of wages or other money payable to a specified person in connection with the provision or receipt of DSS-funded disability support services: b proceedings— i to resolve a personal grievance raised by a specified person that relates to the provision or receipt of DSS-funded disability support services; and ii to which the Crown or a contracted provider (or any officer or employee of a contracted provider) has, under section 103B of the Employment Relations Act 2000, been joined as a controlling third party: c an application, under section 103B of the Employment Relations Act 2000, to join the Crown or a contracted provider (or any officer or employee of a contracted provider) as a controlling third party to proceedings to resolve a personal grievance— i raised by a specified person; and ii that relates to the provision or receipt of DSS-funded disability support services. The proceedings— a cannot be pursued; and b must be treated as if they had been withdrawn or discontinued. In this clause, specified person means a person who is or was 1 or more of the following: a a paid family carer: b a disabled person: c a person appointed under section 31 of the Protection of Personal and Property Rights Act 1988 as manager of any property of a disabled person: d a welfare guardian for a disabled person: e the holder of a power of attorney granted by a disabled person (whether or not the grantor was disabled when the power was granted): f a person supporting the decision-making of a disabled person: g a parent or guardian of a disabled person aged under 18 years: h an agent of a person described in paragraphs (a) to (g) . This clause applies to any potential proceedings described in clause 10(1)(a) or (c) — a in the Authority or the Employment Court; and b relating to circumstances, events, or decisions that occurred before the introduction commencement date. The potential proceedings— a cannot be pursued; and b must be treated as if they are incapable of being lodged or filed. On and after the commencement date, no person may make a complaint to the Human Rights Commission or the Health and Disability Commissioner, to the extent that the complaint is based on a specified allegation. — a to the Human Rights Commission or the Health and Disability Commissioner; and b that is, in whole or in part, based on a specified allegation. On and after the commencement date, neither the Human Rights Commission nor the Health and Disability Commissioner may take any action, or any further action, in relation to a complaint that was made before the commencement date, to the extent that the complaint is based on a specified allegation. — a was made before the commencement date; and b is, in whole or in part, based on a specified allegation. This clause applies to any proceedings— a against the Crown or a contracted provider (or any officer or employee of a contracted provider) ; and b based, in whole or in part, on a specified allegation; and c lodged or filed with any court or tribunal, but not determined or resolved, before the commencement date. The proceedings , to the extent that they are based on the specified allegation, — a cannot be pursued; and b must be treated as if they had been withdrawn or discontinued. This clause applies to any potential proceedings— a in any court or tribunal; and b against the Crown or a contracted provider (or any officer or employee of a contracted provider) ; and c based, in whole or in part, on a specified allegation. The potential proceedings , to the extent that they are based on the specified allegation, — a cannot be pursued; and b must be treated as if they are incapable of being lodged or filed. Nothing in this Act affects— a the Supreme Court decision as it relates to an appellant; or b the position of any particular party under— i any final and binding settlement agreed to before the commencement date; or ii any decision in proceedings that have been determined before the commencement date. Nothing in this Act prevents the lodging or filing of specified proceedings with the Authority or the Employment Court on or after the commencement date. Specified proceedings that were lodged or filed with the Authority or the Employment Court before the commencement date, but that have not been determined, resolved, withdrawn, or discontinued, continue as if the provisions of this Act (other than this clause) had not been enacted. In this clause,— appellant means an appellant in Fleming v Attorney-General (SC 42/2024) or Humphreys v Attorney-General (SC 44/2024), being which are the proceedings to which the Supreme Court decision relates specified person means an appellant or their spouse, civil union partner, or de facto partner specified proceedings means proceedings seeking— a remedies for a specified person that are or may be available to the specified person as a consequence of the Supreme Court decision; or b remedies for any other person that are or may be available to that person as a consequence of— i an order made under section 6(5) of the Employment Relations Act 2000 in relation to that person before the commencement date; or ii any other determination made by the Authority or the Employment Court before the commencement date about whether that person is an employee Supreme Court decision means the decision of the Supreme Court in Fleming v Attorney-General [2025] NZSC 188, [2025] 1 NZLR 973. 2 Consequential amendments to other legislation Replace the heading above section CW 52B(1) with: Exempt income: amounts paid by Health New Zealand, Ministry of Disabled People, or Ministry of Health Replace the heading above section CW 52B(2) with: Meaning of disability support services in subsection (1) In section CW 52B(2), replace this section with subsection (1) . After section CW 52B(2), insert: Exempt income: amounts paid by Ministry of Social Development 3 An amount of income derived by or on behalf of a person or their carer is exempt income of the relevant person if the amount is paid by the Ministry of Social Development for the purpose of the purchase of disability support services in relation to the person. Meaning of disability support services in subsection (3) 4 In subsection (3) , disability support services has the meaning given in section 4 of the Disability Support Services Act 2026 . Replace section 67(d)(i) and (ii) with: i P’s accommodation costs are wholly or partly funded— A under the Healthy Futures (Pae Ora) Act 2022; or B from funding allocated in accordance with the Disability Support Services Act 2026 and DSS funding legislation or policy; or ii P’s care (other than care in P’s own home) is wholly or partly funded— A under the Healthy Futures (Pae Ora) Act 2022; or B from funding allocated in accordance with the Disability Support Services Act 2026 and DSS funding legislation or policy; or Replace section 72(2)(d)(i) with: i receiving, in relation to the person’s disability or long-term chronic health condition, residential care services that are partly funded— A under the Healthy Futures (Pae Ora) Act 2022; or B from funding allocated in accordance with the Disability Support Services Act 2026 and DSS funding legislation or policy; and Replace section 86(1)(b)(ii) with: ii the person’s accommodation costs or care (other than care in the person’s own home) is wholly or partly funded— A under the Healthy Futures (Pae Ora) Act 2022; or B from funding allocated in accordance with the Disability Support Services Act 2026 and DSS funding legislation or policy. Replace section 96(2)(a) and (b) with: a the person’s accommodation costs are wholly or partly funded— i under the Healthy Futures (Pae Ora) Act 2022; or ii from funding allocated in accordance with the Disability Support Services Act 2026 and DSS funding legislation or policy; or b the person’s care (other than care in the person’s own home) is wholly or partly funded— i under the Healthy Futures (Pae Ora) Act 2022; or ii from funding allocated in accordance with the Disability Support Services Act 2026 and DSS funding legislation or policy. In Schedule 2, insert in its appropriate alphabetical order: DSS funding legislation or policy has the same meaning as in section 4 of the Disability Support Services Act 2026 In regulation 3(1), replace the definition of disability support services with: disability support services means disability support services within the meaning of either section 4 of the Disability Support Services Act 2026 or section 4 of the Healthy Futures (Pae Ora) Act 2022 In Schedule 3, clause 2, replace the definition of disability support services with: disability support services means disability support services within the meaning of either section 4 of the Disability Support Services Act 2026 or section 4 of the Healthy Futures (Pae Ora) Act 2022 Replace regulation 162(c)(iii) with: iii that is wholly or partly funded— i under the Healthy Futures (Pae Ora) Act 2022; or ii from funding allocated to the beneficiary in accordance with the Disability Support Services Act 2026 and DSS funding legislation or policy. In Schedule 8, clause 5, replace the definition of disability support services with: disability support services means disability support services within the meaning of either section 4 of the Disability Support Services Act 2026 or section 4 of the Healthy Futures (Pae Ora) Act 2022 In regulation 2(1), revoke the definitions of DHB and disability support services . In regulation 2(1), insert in its appropriate alphabetical order: disability support services means disability support services within the meaning of either section 4 of the Disability Support Services Act 2026 or section 4 of the Healthy Futures (Pae Ora) Act 2022