Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698830344292.pdf (New Zealand)
Social Assistance (Living Alone Payments) Amendment Bill Government Bill As reported from the Social Services Committee Commentary Recommendation The Social Services Committee has examined the Social Assistance (Living Alone Payments) Amendment Bill and recommends that it be passed with the amendments shown.

Introduction This bill seeks to amend the New Zealand Superannuation and Re- tirement Income Act 2001 and the War Pensions Act 1954.
Currently, single superannuitants and veteran’s pensioners who are living alone are eligible to receive a supplementary benefit, which must be applied for separately, in recognition of the extra costs involved in maintain- ing a household.

The bill would introduce a new single living alone rate of superannuation and veteran’s pension, and is intended to elim- inate the need for those eligible to make a separate application to re- ceive their full entitlement.
244—2 2 Social Assistance (Living Alone Payments) Amendment Bill Commentary Date of commencement We recommend that the date of commencement of this bill be changed to 6 July 2011, as the commencement date in the bill as introduced has now passed.

Transitional provisions We recommend inserting new clauses 14A and 26A to avoid disad- vantage to people who experience a change in living circumstances before the bill’s date of commencement.
At present, if a person be- comes entitled to the living alone payment because of the death of a spouse or partner, the benefit begins from the date of death as long as the application is received within 28 days of that date.

If the ap- plication is made later than this, the payment begins from the date of application.
However, if a spouse or partner died within 28 days be- fore the commencement date in the bill, and the client applied for the payment within 28 days of the death but after the bill’s commence- ment date, he or she would be entitled to receive the single living alone rate only from the date of commencement.
New clauses 14A and 26A would allow people in this situation to receive the living alone payment from the date of death to the bill’s date of commence- ment, and the new single living alone rate thereafter.

New Zealand Labour Party minority view New Zealand Labour is concerned that the provisions in the bill relat- ing to dependent children may not take into account the diverse range of situations superannuitants and pensioners may find themselves in when it comes to co-habiting with their children.
Currently, a single superannuitant or veteran’s pensioner is eligible to receive the living alone payment only if he or she does not share that residence, the ex- ception being where the other occupant is a dependent child.

The bill will amend this exception to provide that a person who has a child living with them can only receive the new single living alone rate until the end of the calendar year in which that child reaches the age of 18.
New Zealand Labour is concerned that there will be cases where this distinction will have unintended and unfair consequences, for example, where a child is over the age of 18 but may have an intel- lectual disability and could still be classified as dependent, or when a Commentary Social Assistance (Living Alone Payments) Amendment Bill 3 child is temporarily unable to support themselves.
Also, this policy is inconsistent the student allowance policy, where a young person is still means tested against their parents income till they are 24 years of age, thereby classifying them as dependent.

New Zealand Labour does not believe that these issues were adequately addressed in this bill.

4 Social Assistance (Living Alone Payments) Amendment Bill Commentary Appendix Committee process The Social Assistance (Living Alone Payments) Amendment Bill was referred to the committee on 14 December 2010.
The closing date for submissions was 4 February 2011.

We received and con- sidered two submissions from interested groups and individuals.

We heard no submissions.

We received advice from the Ministry of Social Development and Veterans’ Affairs New Zealand (New Zealand Defence Force).
Committee membership Katrina Shanks (Chairperson) Jacinda Ardern (from 9 February 2011) Chester Borrows Tim Macindoe Todd McClay Hon Hekia Parata (until 13 April 2011) Dr Rajen Prasad Jami-Lee Ross (from 13 April 2011) Carmel Sepuloni (until 9 February 2011) Su’a William Sio Metiria Turei Social Assistance (Living Alone Payments) Amendment Bill Key to symbols used in reprinted bill As reported from a select committee text inserted unanimously text deleted unanimously Hon Paula Bennett Social Assistance (Living Alone Payments) Amendment Bill Government Bill Contents Title Commencement Part 1 Amendments to New Zealand Superannuation and Retirement Income Act 2001 Principal Act amended Amendments to principal Act Meaning of living alone Interpretation of Part 1 and Schedule 1 New section 4A inserted 4A Heading above section 13 and sections 13 and 14 repealed Annual adjustment of New Zealand superannuation: relationship to net average wage Living alone rate of payment for spouses or partners of persons in long-term residential care in hospital or rest home Relationship with other benefit provisions Effect on other benefits Schedule 1 amended Transitional and savings provisions Transitional provision for living alone payment 244—2 Page 2 3 3 3 3 3 4 4 5 5 5 5 5 1 cl 1 13 14 14A Social Assistance (Living Alone Payments) Amendment Bill Transitional provision for living alone payment on basis of Social Security Appeal Authority’s decision References to living alone payment Savings provision
 for person whose spouse or partner dies before commencement of this Act 15 Consequential amendments Consequential amendments Part 2 Amendments to War Pensions Act 1954 Principal Act amended Amendments to principal Act Interpretation New section 67A inserted 67A Meaning of living alone Entitlement to veteran’s pension for spouses or partners of persons in long-term residential care in hospital or rest home Annual adjustment of rates of veterans’ pensions Relationship with other benefit provisions Effect on other benefits Sections 74U and 74V repealed Schedule 11 amended 26 26A Transitional and savings provisions Transitional provision for living alone payment References to living alone payment Savings provision for person whose spouse or partner dies before commencement of this Act Schedule Consequential amendments 6 6 7 8 8 9 9 9 10 10 10 11 11 11 11 11 12 14 The Parliament of New Zealand enacts as follows: Title This Act is the Social Assistance (Living Alone Payments) Amendment Act 2010.
1 2 2 3 4 Social Assistance (Living Alone Payments) Amendment Bill Part 1 cl 5 Commencement This Act comes into force on 1 April 2011 6 July 2011.

Part 1 Amendments to New Zealand Superannuation and Retirement Income Act 2001 Principal Act amended This Part amends the New Zealand Superannuation and Re- tirement Income Act 2001.
Amendments to principal Act 5 10 Interpretation of Part 1 and Schedule 1 Section 4(1) is amended by inserting the following definitions in their appropriate alphabetical order: “living alone, in relation to a single person, has the meaning given to it by section 4A “single living alone rate means the rate of New Zealand superannuation specified in clause 1(a) of Schedule 1 that is payable to a single person who is living alone “single sharing accommodation rate means the rate of New Zealand superannuation specified in clause 1(b) of Schedule 1 20 that is payable to a single person who is not living alone”.
15 5 New section 4A inserted The following section is inserted after section 4: “4A Meaning of living alone “(1) A single person (person A) is living alone only if he or she 25 meets the 2 conditions specified in subsections (2) and (3).

“(2) The first condition is that person A occupies a principal place of residence of a kind described in subsection (6).
“(3) The second condition is that person A does not share that resi- dence with any person 18 years old or older, except a person 30 to whom subsection (4) or (5) applies.
“(4) This subsection applies to person A’s dependent child— “(a) who is— 3 Part 1 cl 6 Social Assistance (Living Alone Payments) Amendment Bill “(i) 18 years old (despite the definition of child in section 3(1) of the Social Security Act 1964); and “(ii) not financially independent; and “(iii) attending a school or a tertiary educational estab- lishment; but “(b) only until the close of 31 December in the year in which the child turned 18 years old.
“(5) This subsection applies to a temporary visitor to person A’s residence who stays there less than 13 weeks in any period of 26 weeks.
“(6) The place of residence referred to in subsection (2) is— “(a) “(b) a house or flat; or a boat or craft moored within any of the following sea or waters, whether or not it is from time to time travelling within that sea or any of those waters: “(i) the territorial sea of New Zealand or any internal waters of New Zealand; or any waters within New Zealand, being any lake, estuary, lagoon, river, stream, creek, or other waters; or “(ii) “(c) a hotel room, motel unit, a room in a boarding house, or a unit of accommodation in a caravan park.
In this section,— “boarding house has the same meaning as in section 66B of the Residential Tenancies Act 1986 “territorial sea of New Zealand and internal waters have the same meanings as in the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977.” Heading above section 13 and sections 13 and 14 repealed The heading above section 13 and sections 13 and 14 are re- 30 pealed.
Annual adjustment of New Zealand superannuation: relationship to net average wage Section 16(1)(b) is amended by omitting “has been granted a living alone payment” and substituting “is living alone”.

35 “(7) 6 7 (1) 4 Social Assistance (Living Alone Payments) Amendment Bill Part 1 cl 12 Section 16(1)(c) is amended by omitting “has not been granted a living alone payment” and substituting “is not living alone”.
Living alone rate of payment for spouses or partners of persons in long-term residential care in hospital or rest home The heading to section 18 is amended by omitting “Living alone rate of payment” and substituting “Single living alone rate”.

Section 18 is amended by omitting “appropriate rate stated in clause 1(a) of Schedule 1 if the person has been granted a liv- 10 ing alone payment under section 13” and substituting “single living alone rate if the person is living alone”.
5 Relationship with other benefit provisions Section 29(2) is amended by omitting “living alone payment,”.

Effect on other benefits Section 34(a) is amended by omitting “; or”.

Section 34(b) is repealed.

15 Schedule 1 amended Clause 1(a) of Schedule 1 is amended by omitting “single per- son who has been granted a living alone payment under section 20 13” and substituting “person at the single living alone rate”.
Clause 1(b) of Schedule 1 is amended by omitting “single per- son who has not been granted a living alone payment under section 13” and substituting “person at the single sharing ac- commodation rate”.

25 Transitional and savings provisions Transitional provision for living alone payment This section applies to a person who is receiving a living alone payment under section 13 of the principal Act immediately before the commencement of this Act.
30 (2) 8 (1) (2) 9 10 (1) (2) 11 (1) (2) 12 (1) (2) On or after the commencement of this Act, the person is en- titled to receive the single living alone rate of New Zealand 5 Part 1 cl 13 Social Assistance (Living Alone Payments) Amendment Bill superannuation specified in clause 1(a) of Schedule 1 of the principal Act (as amended by this Act) if, and so long as, he or she continues to be living alone within the meaning of sec- tion 13 of the principal Act (as it read immediately before the commencement of this Act).
5 13 (1) Transitional provision for living alone payment on basis of Social Security Appeal Authority’s decision This section applies to a person who is receiving a living alone payment under section 13 of the principal Act immediately be- fore the commencement of this Act on the basis of the Social 10 Security Appeal Authority’s decision reported in [2009] NZS- SAA 38 (19 June 2009).
(2) On or after the commencement of this Act, the person is en- titled to receive the single living alone rate of New Zealand superannuation specified in clause 1(a) of Schedule 1 of the 15 principal Act (as amended by this Act) if, and so long as, there is no change in the person’s circumstances affecting the per- son’s entitlement to the living alone payment under section 13 of the principal Act (as it read immediately before the com- mencement of this Act).

This section overrides section 12.
(3) 20 References to living alone payment 14 (1) A reference to a living alone payment under the principal Act in any agreement, deed, instrument, application, notice, or other document must, unless the context otherwise requires, 25 be read as a reference to either of the following, as the context requires: (a) the single living alone rate of New Zealand superannu- ation; or the difference between the single living alone rate and 30 single sharing accommodation rate of New Zealand superannuation.
(b) In this section,— living alone has the meaning given to it by section 4A of the principal Act (as amended by this Act) 35 (2) 6 Social Assistance (Living Alone Payments) Amendment Bill Part 1 cl 14A single living alone rate means the rate of New Zealand super- annuation specified in clause 1(a) of Schedule 1 of the princi- pal Act (as amended by this Act) that is payable to a single person who is living alone single sharing accommodation rate means the rate of New 5 Zealand superannuation specified in clause 1(b) of Schedule 1 of the principal Act (as amended by this Act) that is payable to a single person who is not living alone.
14A Savings provision for person whose spouse or partner dies (1) (2) (3) 10 before commencement of this Act This section applies if— (a) (b) (c) a person’s spouse or partner dies before the commence- ment of this Act; and the person does not apply for a living alone payment under the principal Act before that commencement; and 15 the department receives information about the death of the person’s spouse or partner (whether the information is received before or after the commencement of this Act).
If the person applies for a living alone payment, the person’s 20 entitlement to receive the payment under the principal Act must be determined under that Act (as it read immediately be- fore the commencement of this Act) and, despite sections 6 and 11(1) of this Act, sections 13 and 14 and clause 1(a) of Schedule 1 of the principal Act (as they read immediately 25 before the commencement of this Act) continue in force and apply to the person for that purpose.
If the person is granted a living alone payment,— (a) the payment— (i) commences on— (A) 30 the date on which it would have com- menced under section 14 of the princi- pal Act (as it read immediately before the commencement of this Act); or any earlier date determined under section 35 80AA of the Social Security Act 1964 (if applicable); and (B) 7 Part 1 cl 15 Social Assistance (Living Alone Payments) Amendment Bill (b) (ii) continues until the commencement of this Act if, and so long as, there is no change in the person’s circumstances affecting the person’s entitlement to the living alone payment under section 13 of the principal Act (as it read immediately before 5 the commencement of this Act); and on or after the commencement of this Act, the per- son is entitled to receive the single living alone rate of New Zealand superannuation specified in clause 1(a) of Schedule 1 of the principal Act (as amended by this Act) 10 if, and so long as, he or she continues to be living alone within the meaning of section 13 of the principal Act (as it read immediately before the commencement of this Act).
(4) If the person does not apply for a living alone payment, then 15 on or after the commencement of this Act, the person is en- titled to receive the single living alone rate of New Zealand superannuation specified in clause 1(a) of Schedule 1 of the principal Act (as amended by this Act) if, and so long as, he or she continues to be living alone within the meaning of sec- 20 tion 4A of the principal Act (as so amended).
Consequential amendments 15 (1) (2) Consequential amendments The Acts listed in the Schedule are consequentially amended in the manner indicated in that schedule.

The amendments to the Income Tax Act 2007 set out in the Schedule apply for the 2011–12 tax year and later tax years.

Part 2 Amendments to War Pensions Act 1954 16 Principal Act amended This Part amends the War Pensions Act 1954.
25 30 8 Social Assistance (Living Alone Payments) Amendment Bill Part 2 cl 18 17 Amendments to principal Act Interpretation Section 67(1) is amended by inserting the following defini- tions in their appropriate alphabetical order: “living alone, in relation to a single person, has the meaning 5 given to it by section 67A “single living alone rate means the rate of a veteran’s pension specified in clause 1(a) of Schedule 11 that is payable to a single person who is living alone “single sharing accommodation rate means the rate of a vet- 10 eran’s pension specified in clause 1(b) of Schedule 11 that is payable to a single person who is not living alone”.
18 New section 67A inserted The following section is inserted after section 67: “67A Meaning of living alone “(1) A single person (person A) is living alone only if he or she meets the 2 conditions specified in subsections (2) and (3).

“(2) The first condition is that person A occupies a principal place 15 of residence of a kind described in subsection (6).
“(3) The second condition is that person A does not share that resi- 20 dence with any person 18 years old or older, except a person to whom subsection (4) or (5) applies.
“(4) This subsection applies to person A’s dependent child— “(a) who is— “(i) 18 years old (despite the definition of child in 25 section 3(1) of the Social Security Act 1964); and “(ii) not financially independent; and “(iii) attending a school or a tertiary educational estab- lishment; but “(b) only until the close of 31 December in the year in which 30 the child turned 18 years old.
“(5) This subsection applies to a temporary visitor to person A’s residence who stays there less than 13 weeks in any period of 26 weeks.
“(6) The place of residence referred to in subsection (2) is— 35 “(a) a house or flat; or 9 Part 2 cl 19 Social Assistance (Living Alone Payments) Amendment Bill “(b) a boat or craft moored within any of the following sea or waters, whether or not it is from time to time travelling within that sea or any of those waters: “(i) the territorial sea of New Zealand or any internal waters of New Zealand; or any waters within New Zealand, being any lake, estuary, lagoon, river, stream, creek, or other waters; or “(ii) 5 “(7) “(c) a hotel room, motel unit, a room in a boarding house, or a unit of accommodation in a caravan park.
10 In this section,— “boarding house has the same meaning as in section 66B of the Residential Tenancies Act 1986 “territorial sea of New Zealand and internal waters have the same meanings as in the Territorial Sea, Contiguous Zone, 15 and Exclusive Economic Zone Act 1977.” Entitlement to veteran’s pension for spouses or partners of persons in long-term residential care in hospital or rest home Section 74BA(2)(a) is amended by omitting “has been granted 20 a living alone payment under section 74U” and substituting “is living alone”.
Section 74BA(2)(b) is amended by omitting “has not been granted a living alone payment under section 74U” and sub- stituting “is not living alone”.

25 Annual adjustment of rates of veterans’ pensions Section 74C(3)(b) is amended by omitting “has been granted a living alone payment” and substituting “is living alone”.

Section 74C(3)(c) is amended by omitting “has not been granted a living alone payment” and substituting “is not living 30 alone”.
Relationship with other benefit provisions Section 74M(3) is amended by omitting “living alone pay- ment,”.

19 (1) (2) 20 (1) (2) 21 10 Social Assistance (Living Alone Payments) Amendment Bill Part 2 cl 26 22 (1) (2) 23 24 (1) (2) (3) 25 (1) Effect on other benefits Section 74R(a) is amended by omitting “; or”.

Section 74R(b) is repealed.

Sections 74U and 74V repealed Sections 74U and 74V are repealed.
5 Schedule 11 amended The heading to Schedule 11 is amended by omitting “ss 74, 74U” and substituting “s 74”.

Clause 1(a) of Schedule 11 is amended by omitting “single person who has been granted a living alone payment under 10 section 74U” and substituting “person at the single living alone rate”.

Clause 1(b) of Schedule 11 is amended by omitting “single person who has not been granted a living alone payment under section 74U” and substituting “person at the single sharing 15 accommodation rate”.
Transitional and savings provisions Transitional provision for living alone payment This section applies to a person who is receiving a living alone payment under section 74U of the principal Act immediately 20 before the commencement of this Act.
(2) On or after the commencement of this Act, the person is en- titled to receive the single living alone rate of the veteran’s pension specified in clause 1(a) of Schedule 11 of the prin- cipal Act (as amended by this Act) if, and so long as, he or 25 she continues to be living alone within the meaning of section 74U of the principal Act (as it read immediately before the commencement of this Act).
References to living alone payment 26 (1) A reference to a living alone payment under the principal Act 30 in any agreement, deed, instrument, application, notice, or other document must, unless the context otherwise requires, be read as a reference to either of the following, as the context requires: 11 Part 2 cl 26A Social Assistance (Living Alone Payments) Amendment Bill (2) (a) (b) the single living alone rate of a veteran’s pension; or the difference between the single living alone rate and single sharing accommodation rate of a veteran’s pen- sion.
In this section,— living alone has the meaning given to it by section 67A of the principal Act (as amended by this Act) single living alone rate means the rate of a veteran’s pension specified in clause 1(a) of Schedule 11 of the principal Act (as amended by this Act) that is payable to a single person who is 10 living alone single sharing accommodation rate means the rate of a vet- eran’s pension specified in clause 1(b) of Schedule 11 of the principal Act (as amended by this Act) that is payable to a sin- gle person who is not living alone.
15 5 26A Savings provision for person whose spouse or partner dies before commencement of this Act This section applies if— (a) (b) (c) a person’s spouse or partner dies before the commence- ment of this Act; and the person does not apply for a living alone payment under the principal Act before that commencement; and the department receives information about the death of the person’s spouse or partner (whether the information is received before or after the commencement of this 25 Act).
20 If the person applies for a living alone payment, the person’s entitlement to receive the payment under the principal Act must be determined under that Act (as it read immediately be- fore the commencement of this Act) and, despite sections 23 30 and 24(2) of this Act, sections 74U and 74V and clause 1(a) of Schedule 11 of the principal Act (as they read immediately before the commencement of this Act) continue in force and apply to the person for that purpose.
If the person is granted a living alone payment,— (a) 35 the payment— (i) commences on— (1) (2) (3) 12 Social Assistance (Living Alone Payments) Amendment Bill Part 2 cl 26A (A) (B) the date on which it would have com- menced under section 74V of the princi- pal Act (as it read immediately before the commencement of this Act); or any earlier date determined under section 5 80AA of the Social Security Act 1964 (if applicable); and continues until the commencement of this Act if, and so long as, there is no change in the person’s circumstances affecting the person’s entitlement 10 to the living alone payment under section 74U of the principal Act (as it read immediately before the commencement of this Act); and (ii) (b) on or after the commencement of this Act, the person is entitled to receive the single living alone rate of the 15 veteran’s pension specified in clause 1(a) of Schedule 11 of the principal Act (as amended by this Act) if, and so long as, he or she continues to be living alone within the meaning of section 74U of the principal Act (as it read immediately before the commencement of this Act).
20 (4) If the person does not apply for a living alone payment, then on or after the commencement of this Act, the person is entitled to receive the single living alone rate of the veteran’s pension specified in clause 1(a) of Schedule 11 of the principal Act (as amended by this Act) if, and so long as, he or she continues 25 to be living alone within the meaning of section 67A of the principal Act (as so amended).
13 Schedule Social Assistance (Living Alone Payments) Amendment Bill Schedule Consequential amendments s 15 Accident Compensation Act 2001 (2001 No 49) Section 11(1)(a): omit “living alone payment,”.

Section 11(2): omit “living alone payment,”.

Income Tax Act 2007 (2007 No 97) Section CF 1(1)(d): repeal.

Section CF 1: list of defined terms after subsection (2): omit “living alone payment,”.

Section RD 5(6)(b)(iv)(bd): repeal.


Section RD 5: list of defined terms after subsection (9): omit “living alone payment,”.

Definition of living alone payment in section YA 1: repeal.

Paragraph (b)(i) of the definition of New Zealand superannuation in section YA 1: repeal.

Social Security Act 1964 (1964 No 136) Paragraph (b)(ii) of the definition of benefit in section 3(1): repeal.
5 10 15 Legislative history 16 November 2010 14 December 2010 Introduction (Bill 244–1) First reading and referral to Social Services Committee 12 14 Published under the authority of the House of Representatives—2011 Wellington, New Zealand: