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SSL Rewrite Bill 2016

Social Security Legislation Rewrite Bill 2016
Summary to aid those wanting to make submissions (by 22 June 2016)

(Version 2.0 – 2/6/2016)

To access all 454 pages in Rewrite’s original form use the following link:

http://www.legislation.govt.nz/bill/government/2016/0122/latest/versions.aspx?search=ts_act%40bill%40regulation%40deemedreg_rewrite_resel_25_a&p=1


Please note:

All highlighting in red or underlined or bold outside of headings was added for clarity. 

(* Strategic notes added by the editor of this selection are bracketed as here *)

The words overseas pension(s) are underlined wherever occurring in  the Rewrite or existing law.

The sections of the Rewrite listed below are set out in full (with existing law following in red where required for comparison) 



 

Social Security Act 1964               This Rewrite Bill 2016

Section                                         Sections

69G                                               158–161

69H                                               162–165

69I, 94, 70                                     172–175, 413

70A                                                176–178

70B                                                179, 180



 

To quote from Hansard – (a small part of Ann Tolley’s introduction of the Rewrite)

The bill sets out main benefit entitlements, obligations, and associated sanctions; assessment processes; and appeal rights. These important social security measures will continue to be set out in primary legislation. New regulation-making powers in the bill allow for more of the detail about matters such as supplementary assistance and administration to be moved into regulations.

The bill is largely a rewrite of existing policy in a more logical structure and in language that is much easier for users to follow and understand. The bill makes it clear when provisions continue existing policy. It also identifies the corresponding section in the 1964 Act in each case to help people compare the two versions. In addition, clause 9 of the bill makes it clear that if there is any doubt about the meaning of the new wording, the old law—that is, the law as set out in the current legislation—must be used to determine the correct meaning.

In the bill, the emergency benefit is renamed the exceptional circumstances benefit, and policy for this benefit is clarified. The new name better describes what the benefit is for. It provides a level of income to people who do not qualify for one of the other main benefits but who would be in hardship without that assistance.

Rates of New Zealand superannuation are higher than main benefit levels and are linked to average wage levels. People have to live here for only 10 years to qualify at the age of 65. It was never intended that a person who does not qualify for New Zealand superannuation would get a benefit paid at the same rate as people who have qualified for it, and this bill makes that clear.

 

The Opposition Response (Access Hansard through link above for more detail)

Considerable reservations then expressed by Opposition parties re time allowed for select committee consideration and

that they were disappointed that this is not the straightforward, policy-neutral social security legislation rewrite that they were promised. Described as another sneaky move by the National Government to try to make changes under the guise of something both side of the House had supported.  Opposition are questioning the motives of the Minister and the motives of the National Government in terms of what they are proposing here.



 

Extracts from the Bill

 

General Policy Statement (page 2)

Significant policy, matters relating to human rights and freedoms, rights of appeal, provisions that vary common law, and provisions that confer economic rights (such as eligibility) are in primary legislation. Matters relating to detail and administration will be more appropriately located in delegated legislation to provide an appropriate degree of flexibility and responsiveness to changes in society.

 

Policy change

This Bill changes some policy. Most of the policy changes are to enable improvements to frontline practice, and to align with modern service delivery.

The emergency benefit will be renamed the exceptional circumstances benefit to reflect that it is for people who genuinely need assistance but who do not qualify for a statutory benefit. . This Bill also confirms that the maximum rate of the benefit must not exceed that of the equivalent main benefit in each case, to clarify that the higher rate of New Zealand Superannuation or Veterans Pension must not be paid.

The Bill also makes some minor and technical changes where the current wording does not well support the policy intention, including correcting previous drafting errors or omissions

(* Editors General comment: Under section 7 of the Bill of Rights Act 1990 with all Government Bills introduced into the House of Representatives the Attorney General must bring to the attention of the House any provision that appears to be inconsistent with any of the rights and freedoms contained in the Bill of Rights.  Everyone has the right to freedom from discrimination as defined in the Human Rights Act 1993.  Discrimination based on a person’s marital status is prohibited under section 21 (1) (b) of the Human Rights Act.  The coercive requirements in sections 159 and 161 of this Bill, that a spouse or partner of an applicant for superannuation must apply for any overseas pension they might themselves be eligible for, else the applicant spouse will be denied superannuation they would otherwise  be entitled to, seems a clear case of discrimination based on marital status.  This is a potentially new and quicker route for getting rid of the obnoxious spousal provision. *)


Contents (i.e. of the relevant sections only)

Section                             Page

 

Part 3 Obligations

Steps to assist compliance with overseas pensions obligations

94-95                                  69

 

General obligations: obligations in relation to overseas pensions

Section                             Page

157-165                            97-100

Miscellaneous

166                                   100

 

Part 4 Factors affecting benefits

 

Factors reducing benefits: entitlement to overseas pensions

Section                             Page

172-175                            105-106

 

(* There are 93 references to overseas pension(s) in the Rewrite and the important ones follow below. 

There is nowhere in the rewrite reference to any principle that justifies direct deductions or the spousal provision.  The main reference to any principles is in section 4 below, and I am sure we could think of some good additions to submit on or persuade the Opposition Partys to move as amendments e.g.

the retirement savings of people in overseas contributory Tier 2 or higher pension schemes shall not be means tested with regard to their NZ Super entitlement and/or

a de-facto or married couple shall not be considered as a single economic unit when eithers NZ Super entitlement is being determined, each having individual entitlements as has been the case with regard to taxation of their individual incomes *)

 

Section/Number

 

4    Principles

Every person performing or exercising a duty, function, or power under this Act must have regard to the following general principles:

(a)    work in paid employment offers the best opportunity for people to achieve social and economic well-being:

(b)  the priority for people of working age should be to find and retain work:

(c)  people for whom work may not currently be an appropriate outcome should be assisted to prepare for work in the future and develop employment-focused skills:

(d)  people for whom work is not appropriate should be supported in accordance with this Act:

(e)  to help achieve the best possible outcome for people at risk of long-term welfare dependency (as that risk is defined in Schedule 2), MSD may identify appropriate assistance, support, and services, under this Act, for those people.

Compare: 1964 No 136 s 1B; 2007 No 20 s 23

 

94      MSD must assist in relation to obtaining overseas pension, etc    

MSD must take all reasonable steps to assist any person to comply with that persons obligations under sections 158 and 162.

Compare: 1964 No 136 s 69I

69I  Duty of chief executive to assist

It is the duty of the chief executive to take all reasonable steps to assist any person to comply with any obligation imposed on that person by or under section 69G(1) to (3) or section 69H(1) or (3).

 

Subpart 3Beneficiaries obligations

Beneficiaries: general and specific obligations

95      Outline of beneficiarys general and specific obligations

(1) The general obligations of a beneficiary, that is, obligations that apply to all beneficiaries, are the following:

(a) the obligation to hold, and give MSD details of, a bank account (see section 97):

(b) the obligation to supply a tax file number (see section 98):

(c) the obligation to notify a change of circumstances (see section 99).

(2) The specific obligations that apply to some beneficiaries only, are the following:

(a) the obligation to notify absence from New Zealand (see section 100):

(k) obligations in relation to overseas pensions (see sections 157 to 165).

 

General obligations: obligations in relation to overseas pensions

 

157    Interpretation  (relevant terms follow)

          In sections 158 to 165,

 

NZ benefits legislation means all or any of the following enactments:

(a)  this Act

(b)  the New Zealand Superannuation and Retirement Income Act 2001:

(c)  Part 6 of the Veterans Support Act 2014

overseas pension means a benefit, pension, or periodical allowance, or any part of it, that is granted elsewhere than in New Zealand but excludes a Government occupational pension (as defined in Schedule 2).

 

158 Applicant for benefit, etc, to take reasonable steps to obtain overseas pension

(1) This section applies if—

(a) a person (A) is an applicant for a benefit under the NZ benefits legislation; and

(b) one or more of the following persons may be entitled to an overseas pension or may be granted an overseas pension:

        (i) A;

        (ii) A’s spouse or partner;

        (iii) A’s dependant

(2) If this section applies,—

(a) A and A’s spouse or partner must take all reasonable steps to obtain the overseas pension to which either or both of them may be entitled or that may be granted to either or both of them; and

(b) A must take all reasonable steps to obtain the overseas pension to which A’s dependant may be entitled or that may be granted to A’s dependant.

Compare: 1964 No 136 s 69G(1)

69G Reasonable steps to be taken to obtain overseas pension

(1) Every applicant for a benefit under this Act or under Part 6 of the Veterans’ Support Act 2014 or under the New Zealand Superannuation and Retirement Income Act 2001 shall provide to the chief executive information establishing, to the satisfaction of the chief executive,—

(a) that the applicant and the spouse or partner of the applicant have taken
all reasonable steps to obtain any overseas pension to which either or
both of them may be entitled or that may be granted to either or both
of them; and

(b) that the applicant has taken all reasonable steps to obtain any overseas
pension to which any dependant of the applicant may be entitled or that
may be granted to any dependant of the applicant.

(* Note: This is the starting point of the infamous Spousal Provision which is specific to overseas pensions, rather than all benefits, and the law wording changes from section 158 to 164 opens it up for the Opposition to challenge its re-enactment for the first time in decades, as well as for us to lobby and submit as to its iniquities. The general public will see this injustice far easier than DDP itself. Attacking its re-enactment as top priority may open a crack in their stone walling on all fronts. *)

 

159   MSD may give notice requiring person to take reasonable steps to obtain overseas pension

(1)    MSD may give a notice to any of the following persons requiring that person to take all reasonable steps to obtain an overseas pension to which that   person may be entitled or which that person may be granted

    (a)   an applicant (A) for a benefit under the NZ benefits legislation

    (b) ..a recipient (R) of a benefit under the NZ benefits legislation

    (c)   the spouse or partner of A or R.

(2)    The notice must

    (a)   be in writing; and

    (b)   specify that the person to whom the notice is given must take all reasonable steps to obtain the overseas pension for that person; and

    (c)   specify the period during which the person must take the necessary steps.


Compare: 1964 No 136 s 69G(2) 

(2)   The chief executive may give to

   (a)   an applicant for a benefit under this Act or under Part 6 of the Veterans
          Support Act 2014 or under the New Zealand Superannuation and Retirement Income Act 2001; or
   (b)  a beneficiary under this Act or under Part 6 of the Veterans Support Act 2014 or under the New Zealand Superannuation and Retirement Income Act 2001; or
   (c) the spouse or partner of an applicant for a benefit under this Act or under Part 6 of the Veterans Support Act 2014 or under the New Zealand Superannuation and Retirement Income Act 2001; or
   (d)   the spouse or partner of a beneficiary under this Act or under Part 6 of the Veterans Support Act 2014 or under the New Zealand Superannuation and Retirement Income Act 2001

a written notice requiring that person to take all reasonable steps, within a period specified by the chief executive, to obtain any overseas pension to which that person may be entitled or that may be granted to that person.

 

 160    MSD may give notice requiring person to take reasonable steps to obtain overseas pension for dependant

 (1)   MSD may give a notice to any of the following persons requiring that person to take all reasonable steps to obtain an overseas pension to which his or her dependant may be entitled or which his or her dependant may be granted

        (a)   an applicant for a benefit under the NZ benefits legislation:

        (b)   a recipient of a benefit under any of those enactments.

(2)   The notice must

        (a)   be in writing; and

        (b)   specify that the person to whom the notice is given must take all reasonable steps to obtain the overseas pension for his or her dependant; and

        (c)   specify the period during which the person must take the necessary steps.

           

Compare: 1964 No 136 s 69G(3)

(3)   The chief executive may give to

        (a)   an applicant for a benefit under this Act or under Part 6 of the Veterans Support
               Act 2014 or under the NZ Superannuation and Retirement Income Act 2001; or
        (b)   a beneficiary under this Act or under Part 6 of the Veterans Support Act 2014 or
               under the New Zealand Superannuation and Retirement Income Act 2001

a written notice requiring that person to take all reasonable steps, within a period specified by the chief executive, to obtain any overseas pension to which any dependant of that person may be entitled or that may be granted to any dependant of that person.

 

161    Failure to comply with MSDs notice given under section 163 or 164

(1)     This section applies if a person to whom a notice has been given under section 159 or 160 fails to comply with that notice.

(2)     MSD may

        (a)   in the case of an applicant for a benefit, refuse to grant the benefit:

        (b) in the case of a beneficiary or his or her spouse or partner, suspend the benefit.

(3)      A benefit suspended under subsection (2)(b) remains suspended until

(a)   the beneficiary or his or her spouse or partner satisfies MSD that he or she has taken all reasonable steps to obtain the overseas pension; or

(b)   MSD cancels the benefit under subsection (4).

(4)      MSD may, not less than 40 working days after suspension of a benefit under subsection (2)(b), cancel the benefit from the date that MSD determines.


Compare: 1964 No 136 s 69G(4), (5)

(4)     Where a person does not comply with a notice given by the chief executive under subsection (2) or subsection (3), the chief executive may

(a)      refuse to grant the benefit applied for by the applicant:
(b)   suspend, from such date as the chief executive determines, the benefit granted to the beneficiary until either
(i)       the beneficiary provides information establishing, to the satisfaction of the chief executive, that the beneficiary and the spouse or partner of the beneficiary have taken all reasonable steps to obtain any overseas pension to which either or both of them may be entitled or that may be granted to either or both of them or, as the case requires, that the beneficiary has taken all reasonable steps to obtain any overseas pension to which any dependant of the beneficiary may be entitled or that may be granted to any dependant of the beneficiary; or
(ii)      the benefit is terminated under subsection (5),

whichever occurs first.

 

(5)   Where a benefit has been suspended under subsection (4), the chief executive may, not less than 40 working days after the suspension, terminate the benefit from such date as the chief executive determines.

 

162    Applicant for benefit must provide information as to rate of overseas pension

(1)   This section applies if a person (A) applies for a benefit under the NZ

benefits legislation.

(2)   A must provide MSD with information establishing to MSDs satisfaction the

rate of any overseas pension that is received by any of the following persons:

      (a)   A:

      (b)   As spouse or partner:

      (c)   As dependant.

         (3)   MSD may refuse to grant a benefit to an applicant who has not complied with subsection (2) within 10 working days after applying for the benefit.

Compare: 1964 s 69H(1), (2)

69H    Information on rate of overseas pension to be provided

          (1)..Every applicant for a benefit under this Act or Part 6 of the Veterans

Support Act 2014 or under the NZ Super and Retirement Income Act 2001 shall provide to the chief executive information establishing, to the satisfaction of the chief executive, the rate of any overseas pension granted to any of the following persons:

       (a)   the applicant:
(b)   the applicants spouse or partner:
(c)   any dependant of the applicant.

(2) Where an applicant does not comply with subsection (1) within 10 working days

after applying for the benefit, the chief executive may refuse to grant the benefit applied for.

 

163     MSD may give notice requiring beneficiary to provide information as to rate of overseas pension      

(1)      his section applies if a person (P) receives a benefit under the NZ benefits legislation.

(2)      MSD may give P a written notice requiring P to provide MSD with information establishing to MSDs satisfaction the rate of any overseas pension that is received by any of the following persons:

          (a)   P:

(b)   Ps spouse or partner:

(c)   Ps dependant.


Compare: 1964 No 136 s 69H(3)

(3)    Every beneficiary under this Act or Part 6 of the Veterans Support Act 2014 or under the New Zealand Superannuation and Retirement Income Act 2001 shall provide to the chief executive, as requested from time to time in a written notice given to that person by the chief executive, information establishing, to the satisfaction of the chief executive, the rate of any overseas pension granted to any of the following persons:

(a)   the beneficiary:
(b)   the beneficiarys spouse or partner:
(c)…any dependant of the beneficiary.

 

164    Failure to comply with MSDs notice given under section 163

(1       This section applies if a person to whom a notice has been given under section 163 fails to comply with that notice within 10 working days after the notice has been given.

(2)      MSD may suspend the benefit, which remains suspended until

(a)   the beneficiary establishes to MSDs satisfaction the rate of the overseas pension; or

          (b)   MSD cancels the benefit under subsection (3). Soc. Security. Legislation Rewrite Bill Part 3 cl 164

(3)      MSD may, not less than 40 working days after suspension of a benefit under subsection (2), cancel the benefit from the date that MSD determines.


Compare: 1964 No 136 s 69H(4), (5)

(4)     Where a beneficiary does not comply with subsection (3) within 10 working days after the notice has been given, the chief executive may suspend, from such date as the chief executive determines, the benefit granted to the beneficiary until either

(a)   the beneficiary provides information establishing, to the satisfaction of the chief executive, the rate of any overseas pension granted to the beneficiary or the beneficiarys spouse or partner or any dependant of the beneficiary; or
(b)      the benefit is terminated under subsection (5),

whichever occurs first.

(5)   Where a benefit has been suspended under subsection (4), the chief executive may, not less than 40 working days after the suspension, terminate the benefit from such date as the chief executive determines.

 

165     Meaning of rate

In sections 162 to 164, rate, in relation to an overseas pension, means the rate of that pension in the currency of the country paying that pension. 


Compare: 1964 No 136 s 69H(6)

(6)     In this section, the term rate, in relation to an overseas pension, means the rate of that pension in the currency of the country paying that pension.

 

Subpart 2Factors affecting benefits

 

168     What this Part does

(1)      This Part sets out the factors that may affect a benefit.

(2)      The factors affecting a benefit are:

(a)    pre-benefit activities:

(b)    Insurance recovery:

(c)    entitlement to an overseas pension:


Factors reducing benefits: entitlement to overseas pensions

172    Interpretation

In this section and in sections 173 to 175,

NZ benefits legislation means all or any of the following enactments:

(a)   this Act:         

(b)   Part 1 of the New Zealand Superannuation and Retirement Income Act

       2001:

(c)   Part 6 of the Veterans Support Act 2014


overseas pension means a benefit, pension, or periodical allowance, or any part of it, that is granted elsewhere than in New Zealand but excludes a Government occupational pension (as defined in Schedule 2)


qualifying overseas pension

(a)      means an overseas pension determined by MSD to be part of a programme that

        (i) provides benefits, pensions, or periodical allowances for any of the contingencies for which benefits, pensions, or allowances may be paid under NZ benefits legislation; and

        (ii) is administered by or on behalf of the Government of the country from which the benefit, pension, or periodical allowance is received; and

(b)     excludes an overseas pension determined by MSD under regulations made under section 413 to be in the nature of compensation for death or injury, etc.


Compare: 1964 No 136 s 70(1), (1A), (1B), (2)


70      Rate of benefits if overseas pension payable

(1)     For the purposes of this Act, if

(a)   a benefit, pension, or periodical allowance granted elsewhere than in NewZealand; and

(b)     the benefit, pension, or periodical allowance, or any part of it, is in the nature of a payment which, in the opinion of the chief executive, forms part of a programme providing benefits, pensions, or periodical allowances for any of the contingencies for which benefits, pensions, or allowances may be paid under this Act or under the New Zealand Superannuation and Retirement Income Act 2001 or under the Veterans Support Act 2014 which is administered by or on behalf of the Government of the country from which the benefit, pension, or periodical allowance is received
 
(1A) and (1B) see http://www.legislation.govt.nz/act/public/1964/0136/latest/DLM363550.html if needed.
 

(2)      Nothing in subsection (1) shall preclude the chief executive from deciding the date on which the chief executives determination under paragraph (b) of, or the proviso to, the said subsection (1) shall take effect, which date may be a date before, on, or after the date of such determination.

 

(* Note – this is the direct deduction’s policy being re-enacted. Every politician will get to vote on this for the first time since 1964, which means every present sitting member will be voting for it for the first time and can no longer say this is the law and nothing to do with them. The key language is primarily the same in both the proposed new law and the existing law but in the 2016 Rewrite’s definition the overseas benefits that will be affected have been “determined by MSD” whereas now those confiscated because of s.70 are a matter of “opinion of the chief executive” which goes to the heart of our grievance and should allow the select committee to debate a more appropriate standard for “determination” based on best international practice including the OECD Tier system. *)

 

173     Persons affected by receipt of overseas pension

          A person (P) is a person affected by the receipt of an overseas pension if P is a person who is qualified to receive a benefit under the NZ benefits legislation and

(a)      P is entitled to receive or receives a qualifying overseas pension in respect of any of the following persons:

          (i)    P:

(ii)   Ps spouse or partner:

(iii)  any dependant of P; or

(b)      Ps spouse or partner is entitled to receive or receives a qualifying overseas pension; or

(c)      any of Ps dependant or dependants is entitled to receive or receives a qualifying overseas pension.


Compare: 1964 No 136 s 70(1) (a)          

70      Rate of benefits if overseas pension payable

(1)      For the purposes of this Act, if

(a)   any person qualified to receive a benefit under this Act or Part 6 of the Veterans Support Act 2014 or under the New Zealand Superannuation and Retirement Income Act 2001 is entitled to receive or receives, in respect of that person or of that persons spouse or partner or of that persons dependants, or if that persons spouse or partner or any of that persons dependants is entitled to receive or receives, a benefit, pension, or periodical allowance granted elsewhere than in New Zealand; and

 

(continued four paragraphs below)

 

174   Benefit of person affected is reduced by amount of overseas pension

(1) The rate of the benefit or benefits that would otherwise be payable under the NZ benefits legislation to a person affected by the receipt of an overseas pension must be reduced by the amount of the overseas pension as determined by MSD under regulations made under section 413.

(* Note: as “NZ benefits legislation”, “person affected” and “qualifying overseas pension” have all been defined in section 171 so as to include NZ Super entitlement, this clause (1) is then the final application of the direct deduction provision that confiscates 100% of your past overseas retirement pension contributions. These savings were in personalised accounts and not too far removed from the Kiwi Saver concept, other than the fact KS is now not state administered.

Can the next generation of Kiwis be totally confident a cash strapped future Government would not use the same means tested confiscation practice from NZ Super on their Kiwi Saver nest eggs? It is a myth that NZ Super is still “universal” and Governments will always be alert to the potential of incremental enhancements of NZ Super that allows them to put serious consideration of the schemes sustainability. If younger Kiwis saw this as a real risk then pension reform, to better entrench entitlements, would become more urgent. Our concerns need to be cross generational and for those of us with grandchildren it is already naturally so. *)

(2)    Subsection (1) does not apply to

(a)      New Zealand superannuation payable overseas under section 26 of the New Zealand Superannuation and Retirement Income Act 2001; or

(b)      a veterans pension payable overseas under section 182 of the Veterans Support Act 2014.


Compare: 1964 No 136 s 70(1)

For the required comparison here below is 70(1) continued from clause (a) four paragraphs above:

(b)     the benefit, pension, or periodical allowance, or any part of it, is in the nature
of a payment which, in the opinion of the chief executive, forms part of a programme providing benefits, pensions, or periodical allowances for any of the contingencies for which benefits, pensions, or allowances may be paid under this Act or under the New Zealand Superannuation and Retirement Income Act 2001 or under the Veterans Support Act 2014 which is administered by or on behalf of the Government of the country from which the benefit, pension, or periodical allowance is received
 
the rate of the benefit or benefits that would otherwise be payable under this Act or Part 6 of the Veterans Support Act 2014 or under the New Zealand Superannuation and Retirement Income Act 2001 shall, subject to subsection (3), be reduced by the amount of such overseas benefit, pension, or periodical allowance, or part thereof, as the case may be, being an amount determined by the chief executive in accordance with regulations made under this Act:

provided that if the chief executive determines that the overseas benefit, pension, or periodical allowance, or any part of it, is in the nature of, and is paid for similar purposes as,

(a)   compensation for injury or death for which payment could be made under the Accident Compensation Act 2001if the injury or death had occurred in New Zealand after the commencement of that Act; or
(b)       a war pension or allowance granted under the Veterans Support Act 2014 of a type which would not affect any recipients entitlement to a benefit in accordance with section 72 unless the pension or allowance is a pension or payment granted under Part 6 of the Veterans Support Act 2014; or
(c)      a disability allowance granted under this Act

such overseas benefit, pension, or periodical allowance, or part of it, as the case may be, shall be treated as if it were in fact such compensation, war pension or allowance, or disability allowance.

 

175    MSD may enter into arrangement with person affected by receipt of overseas pension

          MSD may, in accordance with regulations made under section 413, enter into an arrangement with a person affected by the receipt of an overseas pension (P)      to pay P the rate of a benefit or benefits under the NZ benefits legislation in consideration of MSD receiving an amount that is equivalent to the amount of the overseas pension in question.


Compare: 1964 No 136 s 70(3)(4)

 

(* Note  Use of the word consideration in the new law (for the first time as far as I can see) tells us plainly that we have lost any universal entitlement to NZ Super, no matter how much greater than the basic criteria, our past contribution to NZ has been.  They take all our overseas savings while we are warned to keep the overseas state bureaucracy as well as WINZ informed of any changes in our life circumstances that might affect their receipt of it.   Only if our overseas pension savings are more than the current NZ Super rate would we get any reward from our past taxes to both countries. *)

(3)     In any case where paragraph (a) and paragraph (b) of subsection (1) apply and the proviso to subsection (1) does not apply, the chief executive may

(a)     make an arrangement with an overseas pensioner, in accordance with any regulations made under section 132C, to pay to the overseas pensioner the rate of the benefit or benefits that is payable under this Act or Part 6 of the Veterans Support Act 2014 or under the New Zealand Superannuation and Retirement Income Act 2001 and to receive from the overseas pensioner an amount equivalent to the amount of the overseas pension that the overseas pensioner receives, if
(i)   the overseas pensioner agrees to make such an arrangement; and
(ii)  the overseas pensioner has not previously made such an
       arrangementand voluntarily terminated it; and
(iii)  the chief executive has not previously ceased to make payments under
       paragraph (b) because of the overseas pensioners failure to comply
       with such an arrangement; and
(b)    pay to the overseas pensioner, in accordance with an arrangement made
        under paragraph (a), the rate of the benefit or benefits that is payable
under this Act or Part 6 of the Veterans’ Support Act 2014 or under the New Zealand Superannuation and Retirement Income Act 2001, if the chief executive receives from the overseas pensioner, in accordance with the arrangement, an amount equivalent to the amount of the overseas pension that the overseas pensioner receives.
 
(3A)and(3B)see http://www.legislation.govt.nz/act/public/1964/0136/latest/DLM363550.html if needed.

 

70 (4)  For the purposes of this Act, a payment under subsection (3)(b) shall, in respect of the period to which the payment relates, be deemed to be payment of

(a)     the benefit or benefits that are payable to that overseas pensioner in that period under this Act or Part 6 of the Veterans Support Act 2014 or under the New Zealand Superannuation and Retirement Income Act 2001, at the rate at which that benefit or those benefits are so payable but reduced in accordance with subsection (1); and
(b)      the amount of the overseas pension that that overseas pensioner is entitled to receive or has received in that period.

 

Schedule 2 Dictionary

 

benefit

(a)       means any of the following: 

(iii) New Zealand superannuation (including, without limitation, New Zealand   superannuation payable under a reciprocity agreement adopted by an order under section 359):

 

in a relationship, for a person, means that the person is

(a)   married; or

(b)   in a civil union; or

(c)   in a de facto relationship

 

overseas pension

(a)   has the same meaning given to it by section 157 for the purposes of sections 158 to 165; but

(b)   is defined in section 172 for the purposes of sections 172 to 175

 

partner, in the phrase spouse or partner and in related contexts, means a civil union partner or de facto partner

 

qualifying overseas pension is defined in section 172 for the purposes of sections 172 to 175

 

single means not in a relationship (as that expression is defined in this schedule)

 

rate is defined in section 165 for the purposes of sections 162 to 164 (obligations in relation to overseas pensions)

 









Make a submission by 22 June 2016:

By email via:

Direct link to email address:

By mail:
(On this website you also find phone numbers if you have any questions regarding the process)

Parliament Buildings
Private Bag 18041
Wellington 6160
New Zealand





Please excuse the not really perfect look of the text. It would have been too difficult and time-consuming to re-format it completely, given the lot of highlighting and tabs that would be lost in the process and would have needed to be reformatted line by line.


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