Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698750268316.pdf (New Zealand)
Veterans’ Support Bill Government Bill Explanatory note General policy statement The Veterans’ Support Bill gives effect to the recommendations of the Law Commission in its 2010 report recommending a new support scheme for veterans of military service to replace the War Pensions Act 1954 (the 1954 Act).

The 1954 Act was designed primarily to meet the needs of veterans of the Second World War.
It was drafted at a time when the under- standing of the consequences of war service was much more limited than it is today, and is focused on the physical injuries that occur in a war environment.

The 1954 Act has not changed significantly since enactment.

The Act needs to be replaced with modern legislation designed to deal not only with the physical risks associated with de- ployments, but also the psychological and environmental risks that veterans face.
The 1954 Act was also not updated on the introduction of the accident compensation scheme (the ACC scheme) in 1974.

The ACC scheme applies to serving and former members of the New Zealand Defence Force (NZDF) to the extent that their operational service results in personal injury by accident.

A key objective of the Bill is to bring a rehabilitation focus to the management of veterans’ conditions, as well as providing monetary and other forms of support.
158—1 2 Veterans’ Support Bill Explanatory note Foundational provisions The Bill continues the principles and decision-making presumptions of the 1954 Act, which are in common with veterans’ support legis- lation in other countries.
The key principles that underpin the Bill are: • acknowledging community responsibility for the injury, ill- ness, or death of veterans as a result of being placed in harm’s way in service to New Zealand; and providing veterans with fair entitlements; and promoting equal treatment of equal claims; and promoting a benevolent approach to claims.
• • • The principles recognise the obligation the State has for the care of a veteran who has health and well-being issues that arose as a result of service in an environment of extreme risk.

In accordance with the Law Commission’s recommendations, the Bill introduces 2 separate schemes for veterans’ support, under a common administrative and decision-making structure.

Scheme One, which will cover veterans with recognised service prior to 1 April 1974, mirrors many of the provisions of the 1954 Act.
It continues the practice of paying a periodic pension to veterans with a service-related impairment and also provides compensation to spouses, children, and dependants of eligible veterans.

Scheme Two will cover veterans with recognised service after the introduction of universal accident compensation on 1 April 1974.

These are veterans of modern-day deployments.

This scheme will focus on the provision of medical, psychosocial, and vocational re- habilitation.
Rehabilitation will be the gateway to other assistance such as income compensation and lump sum permanent impairment compensation.

As recommended by the Law Commission, Scheme Two will be aligned with the entitlements available under the acci- dent compensation legislation.

The new Act will be administered by the Chief of New Zealand Defence Force, with decision-making authority vested in the Gen- eral Manager (general manager) of Veterans’ Affairs New Zealand (VANZ).
VANZ will be supported by 2 advisory bodies, the Veterans’ Advisory Board (which replaces the existing War Pensions Advi- sory Board) and a Specialist Medical Advisory Panel.

The Panel will assume responsibility for making grants and awards under the Explanatory note Veterans’ Support Bill 3 Veterans’ Medical Research Trust Fund (currently the War Pensions Medical Research Trust Fund, administered by the War Pensions Ad- visory Board).
The Bill also includes provision for a Code of Veterans’ and Other Claimants’ Rights.

Based on similar codes, such as that under the accident compensation legislation, the Code will confer rights on claimants and impose obligations on VANZ, and set out how VANZ should deal with claimants.

It will also set out the procedure for lodg- ing and dealing with complaints.

The Bill will enable the Veterans’ Affairs Act 1999 to be repealed.
The Veterans’ Affairs Act 1999 enabled the transfer of public ser- vants from other government departments to the Civil Staff of the Defence Force when the Office of Veterans’ Affairs was created as a semi-autonomous part of the Defence Force in 1999.

It is no longer necessary to preserve that power in stand-alone legislation.
Eligibility: Schemes One and Two The Bill contains the same criteria for coverage as in the 1954 Act, which means that all deployments currently covered under the 1954 Act will retain coverage under the new legislation.

Prior to the intro- duction of universal ACC scheme on 1 April 1974, pension coverage was a form of workplace compensation and covered routine service in New Zealand or overseas as well as service in a recognised war or emergency.
From 1 April 1974, coverage has been provided for deployments that are deemed to carry a significant risk of harm to personnel.

Risk can be in the form of operational or environmental threats.

Any future deployment by the NZDF will be assessed to determine whether it meets the criteria for qualifying operational service, us- ing the same criteria as are currently used.

Deployments will be split between the 2 schemes, based on the dates of coverage for the de- ployment.
Scheme One will come into force on 1 July 2014, and until 1 July 2015 will cover all veterans as a transitional measure.

After that time, Scheme One will cover veterans with service prior to 1 April 1974.

This will include those who served in the Second World War through to the Vietnam War.

Entitlements will be based on those available under the 1954 Act, with some improvements.
4 Veterans’ Support Bill Explanatory note Veterans will continue to receive impairment compensation in the form of a periodic disablement pension.

Veterans who are under the age of retirement and unable to work because of any medical con- dition will be able to receive a higher rate of income compensation than is available under the 1954 Act.

Surviving spouses or partners, children, and dependants will continue to receive the same types of compensation as under the 1954 Act.
Scheme Two will cover veterans with service since 1 April 1974, and will come into force on 1 July 2015.

It will have a rehabilitation focus, with provision for rehabilitation plans along similar lines to those under the accident compensation legislation.

Scheme Two is designed to link to the ACC scheme to ensure that the 2 schemes are complementary.
Scheme Two entitlements are closely aligned with the entitlements available through the ACC scheme, with a “top up” to preserve the additional support that was provided to veterans under the 1954 Act over and above that available to other New Zealanders.

If the veteran is not eligible for accident compen- sation cover, then VANZ will pay both the accident compensation amount and the VANZ top up amount.
This will ensure all Scheme Two veterans receive the same amount of compensation whether or not their accident compensation claim was accepted.

The focus of Scheme Two is rehabilitation and restoration to pre- injury capability to the maximum extent possible.

The assistance provided to veterans will incentivise wellness and use rehabilitation as the gateway to other assistance.
Veterans who are of working age and are unable to work due to a service-related impairment will be eligible for weekly compensation.

This will be payable at 100% of their pre-injury earnings for the first year of incapacity, and 85% for the period thereafter.

This is higher than the 80% compensation paid by the ACC scheme to other New Zealanders, and retains the benevolence shown in the 1954 Act.

Scheme Two will provide impairment compensation to veterans in the form of a lump sum payment.
The lump sum rates will be set at the equivalent rate payable under the ACC scheme plus an additional 20%.

In addition, the scale will be broader than in the ACC scheme which provides compensation for impairment from 10% to 80%.

Im- pairment of less than 10% is not compensated for, and impairment of 80% or more receives the same rate.
The VANZ scale will provide Explanatory note Veterans’ Support Bill 5 for compensation of 5% to 100% whole-person impairment, to match the rates of impairment compensation provided for in the 1954 Act.

Compensation for the spouse or partner and children of eligible de- ceased veterans will also be based on accident compensation entitle- ments.

A one-off survivor’s grant will be payable in the form of a lump sum, as well as ongoing weekly compensation.
The spouse or partner will receive 60% of the veteran’s earnings prior to death, and the children will share 20% of the veteran’s earnings prior to death.

This is a slightly higher rate than that paid under the ACC scheme.

There will be a number of common provisions available to veterans of both schemes.

Veterans from both schemes will have access to medical treatment and rehabilitation for accepted conditions.

The veteran’s pension for over-65s will be retained from the 1954 Act.
This is equivalent to New Zealand superannuation, with some addi- tional entitlements.

Other common provisions include access to sup- port services such as home help and lawnmowing for service-related conditions, and the provision of funeral grants in respect of deceased veterans whose deaths are service related.

Decision making The Bill enables the adoption of decision-making tools to assist the decision maker in determining whether a condition is linked to a vet- eran’s service.
Decision-making tools such as presumptive lists are used under the 1954 Act, and this will continue.

In addition, the Bill provides a mechanism by which the statements of principle (SOPs) used under the Australian legislation can be adopted for use under the New Zealand schemes to define the legal relationship between a specific condition and a veteran’s service.

The Australian SOPs are based on robust international medical and scientific evidence.
Their adoption and use will greatly benefit the decision-making process as it will reduce the amount of discretion applied by the decision maker.

The veterans’ pension will continue to be administered by the Min- istry of Social Development (MSD) under delegation by the general manager of VANZ.

6 Veterans’ Support Bill Explanatory note Review and appeal rights The Bill provides for a 2-tier system of reviews and appeals, which is largely consistent with the mechanisms under the 1954 Act.
Most reviews will be undertaken by review officers appointed by the general manager of VANZ.

However, cases relating to service eligi- bility will be reviewed by a panel comprising a review officer and a representative of the Royal New Zealand Returned and Services’ Association.

A right of appeal will exist to the Veterans’ Entitlements Appeal Board (the board), which will replace the existing War Pensions Ap- peal Board.
The board will consist of up to 4 members, 1 of whom must be a lawyer and 2 of whom must be medical practitioners.

An appeal will be a de novo hearing, but will be determined without re- gard to legal or procedural technicalities with the ability to receive any relevant information or evidence.

Appeals from board decisions will be to the High Court, but only on points of law.
Appeals in respect of the veteran’s pension will be to the Social Se- curity Appeal Authority under the Social Security Act 1964, and for any decision made on medical grounds there is a right of appeal to the medical board under that Act.

This is consistent with the current pos- ition and the administrative responsibility of MSD.

However, MSD does not have the experience to deal with service-related issues.
Vet- erans with claims declined on the basis of service eligibility have the same review and appeal rights as the VANZ process outlined above.

This continues the process under the 1954 Act.

Regulatory impact statement Veterans’ Affairs New Zealand produced a regulatory impact state- ment on 27 September 2013 to help inform the main policy decisions taken by the Government relating to the contents of this Bill.
A copy of this regulatory impact statement can be found at— http://www.veteransaffairs.mil.nz/about/whats- • new/20130919-Regulatory-Impact-Statement.html http://www.treasury.govt.nz/publications/informationre- leases/ris • Explanatory note Veterans’ Support Bill 7 Departmental disclosure statement The New Zealand Defence Force is required to prepare a disclosure statement to assist with the scrutiny of this Bill.
It provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill.

A copy of tion.govt.nz/disclosure.aspx?type=bill&subtype=govern- ment&year=2013&no=158& the statement can be found at http://legisla- Clause by clause analysis Clause 1 states the Title of the Bill.

Clause 2 is the commencement clause.


This Bill comes into force on 1 July 2014 except for the following provisions which come into force on 1 July 2015: • • Part 4 (Scheme Two): Part 5 (except subpart 4) to the extent it applies in relation to Part 4: Schedule 2 (except Part 1).

• Part 1 Preliminary provisions Subpart 1—Preliminary matters Clause 3 states the purpose of the Bill.

Clause 4 provides an overview of the Bill by way of a summary of what each Part of the Bill contains.
Clause 5 provides that the Bill binds the Crown.

Clause 6 provides that Schedule 1 contains application, transitional, and savings provisions.

Subpart 2—Interpretation and related matters Clause 7 contains definitions of terms used in the Bill.

Clause 8 contains definitions of qualifying service, qualifying oper- ational service, and qualifying routine service.
8 Veterans’ Support Bill Explanatory note Clause 9 provides the process and criteria for the Minister of Vet- erans’ Affairs to declare the deployment of a New Zealand force to be operational service.

Subpart 3—Presumptions Clause 10 states the circumstances that give rise to a presumption that a person is physically and mentally fit for service in the armed forces.
Clause 11 provides certain exceptions (relating to qualifying oper- ational service) to the circumstances in clause 10(4) in which the presumption in that clause is disapplied.

Clause 12 provides that injury, illness, or death occurring during qualifying operational service is presumed to have occurred as a re- sult of the qualifying operational service.
The clause also states the circumstances when a pre-qualifying operational service injury or ill- ness is presumed to be aggravated by qualifying operational service.

Clause 13 contains a presumption that the loss or impairment of a second paired organ from whatever cause is attributable to qualify- ing service if the loss or impairment of the first paired organ is at- tributable to qualifying service.

Which organs are paired organs for the purposes of the clause are to be specified in regulations.
Subpart 4—Principles and related matters Clause 14 requires every person performing any function or exer- cising any power under the Bill to do so in accordance with certain principles.

Clause 15 provides that in determining whether a veteran’s death or disablement is attributable to or aggravated by a veteran’s service, the question is to be determined in accordance with the substantial justice and merits of the claim and not in accordance with technicalities, legal forms, or legal rules of evidence.
Clause 16 authorises regulations to be made that specify conditions that are to be treated, in the absence of evidence to the contrary, as being linked to specific exposure or specific events occurring during qualifying operational service.

Explanatory note Veterans’ Support Bill 9 Clause 17 provides a process for the review and application of state- ments of principle determined by the Australian Repatriation Med- ical Authority under the Veterans’ Entitlements Act 1986 (Aust).
Subpart 5—Other matters General obligations of VANZ Clauses 18, 19, and 20 place requirements on VANZ to make deci- sions on reasonable grounds and in a timely manner, to give notice of its decisions and reasons for them, and to advise claimants of their review rights.

Disentitlement Clauses 21 and 22 specify certain circumstances that exclude, limit, or suspend the provision of entitlements under the Bill.
Indexation Clauses 23 and 24 provide for the adjustment of entitlements under the Bill having regard to movements in the average weekly earnings or the New Zealand Consumers Price Index.

Part 2 Code of Veterans’ and Other Claimants’ Rights This Part provides for a Code of Veterans’ and Other Claimants’ Rights.

The provisions are based on sections 40 to 47 of the Ac- cident Compensation Act 2001, which provide for a Code of ACC Claimants’ Rights.
Clause 25 sets out the purpose of the Code in terms of meeting the reasonable expectations of veterans and claimants.

Clause 26 requires the Chief of Defence Force to prepare and consult on a draft Code.

Clause 27 provides for the approval of the draft Code by the Minister of Veterans’ Affairs, and for the notification and commencement of the Code.

10 Veterans’ Support Bill Explanatory note Clause 28 requires VANZ to act consistently with and uphold the rights in the Code.
It also requires VANZ to make the Code accessible and to promote awareness of the Code.

Clause 29 provides that the Code is a disallowable instrument for the purposes of the Legislation Act 2012.

Clause 30 provides for amendments to the Code and (except in cer- tain circumstances) requires amendments to follow the same process as for Code itself.
Part 3 Scheme One Subpart 1—Application and purpose Clause 31 provides that Part 3 applies to certain veterans and every spouse, partner, child, and dependant of those veterans.

The veterans are those with qualifying service performed before 1 April 1974.
This Part also applies to the following veterans: • veterans with certain qualifying service in Vietnam after 1 April 1974 but before certain dates in 1975: veterans who have made claims under Scheme Two that VANZ has determined under clause 76(3) are to be dealt with under Scheme One: veterans who have qualifying service prior to the commence- ment of Scheme Two (see clause 32).
• • Clause 33 sets out the purpose of Scheme One, which is to provide certain entitlements to the persons to whom this Part applies.

Subpart 2—Medical treatment and associated travel costs Clause 34 defines terms used in this subpart.

Medical treatment Clause 35 provides that VANZ is responsible for paying or contribut- ing to the cost of medical treatment of a veteran’s injury or illness if the injury or illness is service-related.

The extent of VANZ’s respon- sibility is set out in subpart 2 of Part 5.
Explanatory note Veterans’ Support Bill 11 Travel costs associated with medical treatment Clause 36 specifies the circumstances when VANZ is responsible for paying or contributing to a veteran’s travel costs associated with med- ical treatment.

Clause 37 specifies the circumstances when VANZ is responsible for paying or contributing to the cost of a travel escort for a veteran who is not fit or able to travel alone for the purposes of medical treatment.
Clause 38 specifies the circumstances when VANZ is responsible for paying or contributing to the cost of certain persons visiting a veteran in long-term hospital care.

Clause 39 specifies certain purposes for which regulations may be made in relation to this subpart.
Subpart 3—Disablement pension Clause 40 provides an entitlement to a disablement pension if a vet- eran (whether resident in New Zealand or overseas) suffers disable- ment as a consequence of injury or illness attributable to or aggra- vated by qualifying service.

The entitlement to a disablement pen- sion is conditional on a veteran having a rehabilitation plan under Part 1 of Schedule 2.
Clause 41 specifies the procedural requirements to be completed be- fore a veteran is entitled to a disablement pension.

When these are completed, the entitlement is backdated to when an application for the pension was received.

Clause 42 provides that a disablement pension is temporary unless a veteran is notified that the pension is permanent.

The purpose of this is to provide periodic assessments of a veteran’s condition until his or her condition has either stabilised or reached its final state.
At that stage, the pension can become permanent.

Clause 43 provides for the suspension of a temporary disablement pension if VANZ is unable to complete a reassessment of a veteran’s condition because the veteran, without reasonable excuse, has not complied with any reasonable requirement for the purpose of com- pleting the reassessment.

Clause 44 requires VANZ to prepare a treatment and rehabilitation plan for a veteran whose disablement pension is temporary.
12 Veterans’ Support Bill Explanatory note Clause 45 provides a discretion for VANZ to undertake periodic re- assessments of a veteran who is receiving a permanent disablement pension.

Clause 46 provides for lump sum payments equivalent of the dis- ablement pension for 12 months if a veteran is suffering from a ser- vice-related terminal condition.

Clause 47 provides that a veteran’s entitlement to a disablement pen- sion ceases 28 days after the veteran dies.
Clause 48 provides that regulations are to specify the rates of the disablement pension and requiring an additional rate to be set for cases of severe disablement.

Clause 49 is a transitional provision that enables a veteran receiving a war disablement pension under the War Pensions Act 1954 imme- diately before the commencement of the Bill to continue receiving the pension as if it were payable under this subpart.
Subpart 4—Weekly income compensation Clause 50 provides an entitlement to weekly income compensation to a veteran (whether resident in New Zealand or overseas) who is unable to work full-time, if the veteran meets certain criteria.

Clause 51 specifies the procedural requirements to be completed be- fore a veteran is entitled to weekly income compensation.

When these are completed, the entitlement is backdated to when the ap- plication was received.
Clause 52 authorises regulations to specify the rate of weekly income compensation, which must be 80% of the average wage.

The rate must be adjusted as at 1 April each year.

Clause 53 specifies when an entitlement to weekly income compen- sation ceases if a veteran is assessed as to be able to work full-time.
Different periods are specified depending on how long the veteran has been receiving weekly income compensation and whether the veteran is able to work full-time in employment in which he or she was em- ployed immediately before receiving weekly income compensation.

Clause 54 provides for the abatement of weekly income compensa- tion for a veteran who is assessed as able to work part-time.

The compensation is to abate in accordance with regulations.
Explanatory note Veterans’ Support Bill 13 Clause 55 provides what happens to a veteran’s entitlement to weekly income compensation when the veteran reaches the New Zealand superannuation qualification age.

In certain circumstances, a veteran can elect to continue to receive weekly income compensation for a certain period instead of New Zealand superannuation or a pension under Part 6.
Subpart 5—Retirement lump sum Clause 56 entitles a veteran who reaches the New Zealand super- annuation qualification age after the commencement of the clause to receive a retirement lump sum.

The veteran must have been receiv- ing weekly income compensation for at least 10 years and must have assets of less than a certain value.

Clause 57 requires a veteran to apply for an asset assessment for the purpose of determining whether he or she meets the asset value criterion for a retirement lump sum.
Clause 58 specifies certain purposes for which regulations may be made for this subpart.

Subpart 6—Spouses, partners, children, and dependants of veterans Surviving spouse or partner pension Clause 59 specifies the circumstances when the surviving spouse or partner of a veteran is entitled to a surviving spouse or partner pen- sion, and provides that the rate of the pension is to be specified in regulations.
Clause 60 specifies the procedural requirements to be completed be- fore a surviving spouse or partner is entitled to a surviving spouse or partner pension.

When these are completed, the entitlement is backdated.

Different dates are specified in relation to when VANZ received the application.
Clause 61 provides that a surviving spouse’s or partner’s pension ceases when the spouse or partner enters into a new relationship, but gives the spouse or partner a choice to receive a periodic payment for 2 years at the same rate or a lump sum equivalent to 2 years of the pension.
14 Veterans’ Support Bill Explanatory note Clause 62 reinstates a surviving spouse’s or partner’s pension that has ceased because he or she has entered into a new relationship if the new relationship comes to an end within 5 years after the start of the new relationship.

Clause 63 provides that a surviving spouse’s or partner’s pension ceases 28 days after the spouse’s or partner’s death.
Clause 64 is a transitional provision in relation to surviving spouses or partners who were receiving a surviving spouse or partner pension under the War Pensions Act 1954.

Children’s pension Clause 65 specifies the circumstances when a child under the age of 18 years is entitled to a pension as a child of a veteran or deceased veteran.

The clause also provides for payment of the pension after a child turns 18 years, if the child is suffering mental or physical infirmity or is undertaking full-time study.
Clause 66 specifies the procedural requirements to be completed be- fore a child is entitled to a children’s pension.

When these are com- pleted, the entitlement is backdated.

Different dates are specified in relation to when VANZ received the application.

Clause 67 provides that a children’s pension ceases 28 days after the child receiving it dies.

Clause 68 is a transitional provision in relation to children who were receiving a children’s pension under the War Pensions Act 1954.
Dependant’s pension Clause 69 specifies the circumstances in which a dependant of a vet- eran or deceased veteran is entitled to a dependant’s pension.

Clause 70 specifies the procedural requirements to be completed be- fore a dependant is entitled to a dependant’s pension.

When these are completed, the entitlement is backdated.

Different dates are spe- cified in relation to when VANZ received the application.

Clause 71 provides that a dependant’s pension ceases 28 days after a dependant dies.
Clause 72 provides that a child receiving a children’s pension is not entitled to receive a dependant’s pension.

Explanatory note Veterans’ Support Bill 15 Clause 73 is a transitional provision in relation to dependants of vet- erans who were receiving a dependant’s pension under the War Pen- sions Act 1954.

Subpart 7—Children’s bursaries Clause 74 provides an entitlement to a children’s bursary in relation to full-time study at a secondary school or full-time or part-time study at a tertiary institution.
Clause 75 is a transitional provision providing for the continuation of children’s war bursaries under the War Pensions Act 1954.

Part 4 Scheme Two Subpart 1—Preliminary matters Clause 76 provides that this Part applies to veterans with qualifying operational service on or after 1 April 1974 and the spouses, partners, children, and dependants of those veterans.

Clause 77 provides special circumstances where claims are or are not covered by this Part.
Veterans with qualifying operational ser- vice after that date who are covered under Scheme One under clause 31(1)(a)(ii) or (iii) are not covered by this Part.

If a claim relates to injury, illness, or death that is attributable in part to circumstances before 1 April 1974 and in part to circumstances on or after 1 April 1974, then the claim is to be dealt with under this Part unless VANZ determines that the claim should be dealt with under Part 3.
Clause 78 sets out the purpose of Scheme Two, which is to provide certain entitlements to the persons to whom this Part applies.

Clause 79 specifies the circumstances in which either VANZ or ACC or both are responsible for managing a veteran’s claim and providing entitlements.
Subpart 2—Vocational services and assistance for spouse or partner Clause 80 provides that this subpart applies to the spouse or partner of a veteran who has an injury or illness that results from qualifying operational service and that makes the veteran unable to work or un- 16 Veterans’ Support Bill Explanatory note able to undertake vocational rehabilitation.

The subpart also applies to the spouse or partner of a veteran who has died and his or her death is service-related.
Clause 81 gives the spouse or partner an entitlement to vocational services in accordance with this subpart and regulations made under clause 250.

Clause 82 provides that vocational rehabilitation is to be provided to a spouse or partner, but not for longer than 3 years, unless VANZ considers it appropriate to provide it for a longer period.

Clause 83 requires an assessment of a spouse’s or partner’s voca- tional needs.
Clause 84 specifies how an occupational assessor is to undertake a spouse’s or partner’s occupational assessment.

Clause 85 requires an occupational assessor to prepare and provide to VANZ a report, and provide a copy to the spouse or partner.

Subpart 3—Payments for permanent impairment Clause 86 provides that this subpart applies to a veteran who has per- manent impairment from an injury or illness that results from quali- fying operational service.
Independence allowance Clause 87 provides an independence allowance if the injury or illness that caused the permanent disablement occurred in the period begin- ning on 1 April 1974 and ending on the close of 31 March 2002.

The allowance is payable at the same rate as veteran’s disablement pen- sion under subpart 3 of Part 3.

Clause 88 prevents a veteran from receiving an independence allow- ance under this subpart and also under the Accident Compensation Act 2001.
However, a veteran is entitled to receive from VANZ the difference between the 2 allowances.

Lump sum payments Clause 89 provides for lump sum payments if the injury or illness that caused permanent impairment occurred on or after 1 April 2002.

A Explanatory note Veterans’ Support Bill 17 lump sum comprises what a veteran is or would be entitled to under the Accident Compensation Act 2001 plus 20% of that amount.
Clause 90 requires VANZ to provide or meet the cost of providing financial advice to a veteran from an authorised financial adviser to enable the veteran to make an informed decision about investing a lump sum payment, if the amount is equal to or greater than the pre- scribed amount.
Tax status of impairment payments Clause 91 provides that Schedule 4 contains consequential amend- ments to the Income Tax Act 2007 making the independence allow- ance and lump sum payments under this subpart exempt from income tax.
Subpart 4—Weekly compensation Clause 92 provides an entitlement to weekly compensation to a vet- eran (whether resident in New Zealand or overseas) who is under the New Zealand superannuation qualification age and unable to work because of injury or illness attributable to or aggravated by qualify- ing operational service.

Clause 93 provides for weekly income compensation to cease if a veteran is able to work full-time or to abate if able to work part-time.
Clause 94 provides that a veteran is not entitled to receive weekly compensation under this subpart and under the Accident Compensa- tion Act 2001.

However, the veteran is entitled to receive the differ- ence.

Clause 95 provides that Schedule 4 contains consequential amend- ments making weekly compensation income for the purposes of the Income Tax Act 2007.
Clause 96 provides what happens to a veteran’s entitlement to weekly compensation when the veteran reaches the New Zealand superannu- ation qualification age.

In certain circumstances, a veteran can elect to continue to receive weekly compensation for a certain period in- stead of New Zealand superannuation or a pension under Part 6.
18 Veterans’ Support Bill Explanatory note Subpart 5—Retirement lump sum Clause 97 entitles a veteran who reaches the New Zealand super- annuation qualification age after the commencement of the section to receive a retirement lump sum.

The veteran must have been re- ceiving weekly compensation for at least 10 years and have assets of less than a certain value.
Clause 98 requires a veteran to apply for an asset assessment for the purpose of determining whether he or she meets the asset value criterion for a retirement lump sum.

Clause 99 specifies certain purposes for which regulations may be made for this subpart.

Part 5 Entitlements common to Scheme One and Scheme Two Subpart 1—Application and purpose Clause 100 provides that this Part applies to veterans to whom Part 3 or 4 applies.
Clause 101 provides that the purpose of this Part is to provide ad- ditional entitlements to, or in respect of, veterans to whom Scheme One or Scheme Two applies.
Subpart 2—Medical treatment Clause 102 makes VANZ responsible for paying or contributing to the cost of medical treatment of a veteran’s service-related injury or illness, but not if the Defence Force is doing so or the medical treat- ment is available under the New Zealand Public Health and Disabil- ity Act 2000 or ACC is paying or contributing to the cost of medical treatment.
Clause 103 requires VANZ, as soon as practicable after accepting an application for payment of medical treatment, to decide what medical treatment it will pay for or contribute towards the cost of paying.

The clause specifies criteria that VANZ must take into account in making a decision.
Explanatory note Veterans’ Support Bill 19 Clause 104 provides that a veteran whose medical treatment is being paid for or contributed to by VANZ may apply to increase the amount or to include additional treatment, or both.

Clause 105 provides that VANZ is not responsible for paying or con- tributing to the cost of medical treatment unless it has given its prior approval, but this does not apply to emergency treatment.
Clause 106 makes VANZ responsible for meeting the costs of trans- port reasonably required by a veteran to receive medical treatment.

The extent of the responsibility is to be specified in regulations.

Subpart 3—Rehabilitation Clause 107 requires VANZ, as soon as practicable after accepting a veteran’s claim, to appoint a case manager whose function is to ensure that a rehabilitation plan is prepared and liaise with ACC as to whether VANZ or ACC should prepare the plan.
Clause 108 requires VANZ to take all reasonable and practicable steps to assist a veteran to achieve the maximum level of rehabili- tation, having regard to the nature and extent of a veteran’s disable- ment.

Individual rehabilitation plan Clause 109 requires VANZ, within 13 weeks after accepting a vet- eran’s claim, to determine whether the veteran needs social or vo- cational rehabilitation and, if so, prepare an individual rehabilitation plan that may include provision for treatment.
Clause 110 requires VANZ to provide social and vocational rehabili- tation before a rehabilitation plan is agreed, and gives VANZ a discre- tion to provide that rehabilitation before an assessment is undertaken or completed.

Clause 111 specifies how VANZ is to assess a veteran’s needs for rehabilitation and what a rehabilitation plan must contain.

Clause 112 requires a case manager to update a rehabilitation plan from time to time.

Clause 113 specifies the purpose of social rehabilitation.
Social rehabilitation 20 Veterans’ Support Bill Explanatory note Clause 114 defines what is meant by “key aspect of social rehabilita- tion”, requires VANZ to provide a veteran with key aspects of social rehabilitation, and specifies when this must be done.

Clause 115 gives VANZ a discretion to provide other social rehabili- tation in certain circumstances.
Clause 116 specifies when VANZ is responsible for providing social rehabilitation and gives VANZ a discretion to provide social rehabili- tation earlier than required.

Clause 117 requires assessments and reassessments of the need for social rehabilitation to be undertaken by an assessor appointed under clause 199, and specifies the matters to be taken into account in an assessment or reassessment.

Vocational rehabilitation Clause 118 specifies the purpose of vocational rehabilitation.
Clause 119 specifies the circumstances when VANZ is responsible for providing vocational rehabilitation.

Clauses 120 and 121 specify that matters VANZ must consider in deciding whether to provide vocational rehabilitation.

Clause 122 provides for the start or resumption of vocational re- habilitation if a veteran’s circumstances change.

Clause 123 specifies that an assessment of a veteran’s vocational needs must consist of an initial occupational assessment and an ini- tial medical assessment.
Clause 124 requires an occupational assessment to be undertaken by a suitable assessor appointed under clause 199.

Clause 125 specifies how an occupational assessor must conduct an initial occupational assessment.

Clause 126 requires an occupational assessor to prepare a report on an initial occupational assessment and provide a copy to the veteran and the medical assessor.

Clause 127 requires a medical assessment to be undertaken by a suit- able medical practitioner appointed under clause 199.
Clause 128 specifies when a medical assessment may be done by a medical practitioner who does not qualify under clause 199.

Clause 129 specifies how a medical assessor must conduct an initial medical assessment.

Explanatory note Veterans’ Support Bill 21 Clause 130 requires a medical assessor to prepare a report on an ini- tial medical assessment and provide a report to VANZ and a copy of the report to the veteran.
Subpart 4—Veterans’ independence programme Clause 131 requires VANZ to establish and administer a veterans’ independence programme.

Clause 132 specifies the purpose of the programme, which is to pro- vide services and support to the extent that a veteran cannot under- take an activity required to live independently in his or her normal residence.
Clause 133 provides that services and support under the programme are to be provided to the extent assessed by VANZ and subject to any limits specified in regulations.

Clause 134 provides that a veteran entitled to impairment compen- sation is entitled to apply for all types of services and support under the programme.
A veteran who is not entitled to impairment com- pensation may apply for all types of services and support under the programme, but the provision of the services and support is at the discretion of VANZ.

Clause 135 specifies the procedural requirements to be completed before a veteran becomes entitled to services and support under the programme.

When these are completed, the entitlement is backdated to when the application was received.
Clause 136 gives the surviving spouse or partner of a deceased vet- eran a 12-month entitlement to receive support and services under the programme to the same extent as the veteran was entitled to receive before his or her death.

Clause 137 specifies certain purposes for which regulations may be made under clause 250 for this subpart.
Subpart 5—Regulations relating to aids and appliances Clause 138 provides that regulations may be made under clause 250 in relation to aids and appliances, including the payment of a weekly battery allowance for hearing aids approved by VANZ.

22 Veterans’ Support Bill Explanatory note Subpart 6—Motor vehicle loans Clause 139 defines motor vehicle for the purposes of this subpart.

Clause 140 provides for veterans with lower body mobility impair- ment to apply to VANZ for motor vehicle loans.
A veteran with total impairment may apply for more than 1 loan at intervals of not less than 5 years.

A veteran with severe impairment may apply for a loan, but only once.

Clause 141 specifies certain purposes for which regulations may be made under clause 250 for this subpart.
Subpart 7—Funeral grants Clause 142 provides that clause 143 applies in relation to the death of a veteran that is attributable to qualifying service, and that clause 144 applies in relation to the death of a veteran that is not attributable to qualifying service.

Clause 143 makes VANZ responsible for paying or contributing to the expenses of the funeral and burial of a veteran, subject to a limit specified in regulations.
The clause provides for the payment of costs of transferring the body of a veteran who dies in hospital.

Clause 144 gives VANZ a discretion to pay a reasonable amount in respect of the funeral and burial or cremation of a veteran, if certain circumstances apply.

Part 6 Veteran’s pension Part 6 of this Bill replaces Part 6 of the War Pensions Act 1954 and provides for the veteran’s pension.

The veteran’s pension is an alter- native to New Zealand superannuation.
People who are entitled to the veteran’s pension fall into 1 of 5 categories.
The first category includes any veteran who— • • has qualifying operational service (defined in clause 8); and has reached the superannuation qualification age and is eli- gible to receive superannuation; and has been assessed, under the Bill, as having whole-person im- pairment of 55% or more (or who was, immediately before the commencement of this Part, entitled to a war disablement pen- • Explanatory note Veterans’ Support Bill 23 sion for disablement of 70% or more under Part 2, 4, or 5 of the War Pensions Act 1954).
The second category includes the spouse or partner of a veteran in the first category (provided the spouse or partner has reached the super- annuation qualification age and is eligible to receive superannuation).
The third category includes any person who, immediately before the commencement of this Part, was entitled to a veteran’s pension under the War Pensions Act 1954, otherwise than under section 70(1) of that Act, provided the person has reached the superannuation qualifi- cation age and is eligible to receive superannuation.
(A person who, immediately before the commencement of this Part, was entitled to a veteran’s pension under section 70(1) of the War Pensions Act 1954 will come within the first or fifth categories.)
The fourth category includes the spouse or partner of a deceased vet- eran who, had he or she not died, would have been entitled to a vet- eran’s pension provided both the spouse or partner and the deceased veteran, had he or she not died, have reached the superannuation qualification age and are eligible to receive superannuation.
The fifth category includes any veteran who, immediately before the commencement of this Part, was entitled to receive a veteran’s pen- sion under section 70(1)(b)(ii) of the War Pensions Act 1954 because of, what is referred to in that Act as, an infirmity.

This is the only category in which a person does not need to have reached the super- annuation qualification age to be entitled to a veteran’s pension.
Apart from some terminology and other minor changes, the admin- istration of the veteran’s pension remains largely unchanged.

Preliminary provisions Clauses 145 and 146 are interpretation clauses.
Clause 147 empowers the general manager to delegate the admin- istration of the veteran’s pension under this Part and corresponding provisions of the Social Security Act 1964 and the Social Welfare (Transitional Provisions) Act 1990 to the chief executive of the de- partment for the time being responsible for the administration of the Social Security Act 1964.

This allows the veteran’s pension to be administered alongside New Zealand superannuation.
24 Veterans’ Support Bill Explanatory note Entitlement Clause 148 sets out the criteria for entitlement to the veteran’s pen- sion for veterans and their spouses and partners (the first, second, and third categories above).

Clause 149 sets out the criteria for entitlement to the veteran’s pen- sion for the spouses and partners of deceased veterans (the fourth category above).
Entitlement to veteran’s pension by reason of infirmity Clause 150 provides for entitlement to the veteran’s pension for any veteran who, immediately before the commencement of this Part, was entitled to receive a veteran’s pension under section 70(1)(b)(ii) of the War Pensions Act 1954 by reason of infirmity (the fifth cat- egory above).
Clause 150 also provides that a veteran who is also entitled to weekly income compensation under subpart 4 of Part 3 of the Bill may elect to receive weekly income compensation instead of a veteran’s pension.
Clause 151 provides that a veteran receiving a veteran’s pension under clause 150 (that is, by reason of an infirmity) does not cease to be entitled to the veteran’s pension just because they can work (al- though, the amount of pension they receive will be subject to abate- ment in respect of any money they earn under clause 158.)

How- ever, if a medical practitioner certifies the veteran as able to under- take full-time employment, their entitlement to the veteran’s pension ceases.
Clause 152 provides for medical examinations for the purposes of clause 151.

Person may not receive New Zealand superannuation and veteran’s pension Clause 153 provides that a person who is entitled to receive both a veteran’s pension and New Zealand superannuation (that is, the first, second, third, and fourth categories above) may only choose to receive one of those entitlements at any time.
Explanatory note Veterans’ Support Bill 25 Commencement and rates of veteran’s pension Clause 154 provides that the veteran’s pension commences on the later of the date the applicant became entitled to receive it and the date on which VANZ received the application for it.

Clause 155 sets out the different rates at which the veteran’s pension is payable.
The rates are— • • • • the single living alone rate: the single sharing accommodation rate: the relationship rate: the relationship (partner not receiving superannuation or pen- sion) rate: the relationship (partner not receiving superannuation or pen- sion) legacy rate.

• The precise amount payable under each rate will be specified in regu- lations, and in certain cases, will be subject to abatement in accord- ance with clause 158.
Clause 156 provides that the rates for the period beginning with the commencement of this Part are the same as the corresponding rates that are in effect under Schedule 11 of the War Pensions Act 1954 at the time of that commencement.

This ensures that no person entitled to a veteran’s pension will be worse off as a result of the repeal of that Act.
Clause 157 provides for the rates of the veteran’s pension to be ad- justed by regulations from 1 April every year in a manner that re- flects increases in Consumer Price Index (All Groups), keeps the rates within specified proportions of the average wage, and preserves the proportional relationship between the different rates.
Clause 158 provides that the amount payable to a veteran who is entitled to receive a veteran’s pension under clause 148 at the rela- tionship (partner not receiving superannuation or pension) rate or the relationship (partner not receiving superannuation or pension) legacy rate is to be abated in respect of income derived by the veteran (and the veteran’s spouse or partner, if relevant) in accordance with In- come Test 3 (defined in clause 145).
The clause also provides that the amount payable to a veteran who is entitled to receive a veteran’s pension under clause 150 is to be abated in respect of income derived by the person (and the person’s spouse or partner, if relevant) as spe- cified.
26 Veterans’ Support Bill Explanatory note Clause 159 provides a veteran who is entitled to receive a veteran’s pension whose spouse or partner is not entitled to superannuation or a veteran’s pension with the option of electing to receive a higher rate of veteran’s pension.
The clause provides that an election to receive a rate that is subject to abatement based on the couple’s combined income is deferred if, as a consequence of that abatement and the couple’s combined income, the veteran would not receive any pen- sion.
Clause 160 provides that any person who is receiving a veteran’s pen- sion (or whose spouse or partner is receiving a veteran’s pension) and whose spouse or partner is in long-term residential care in a hospital or rest home is entitled to receive the pension at the higher single living alone rate or single sharing accommodation rate (as relevant to the person’s circumstances).
The clause also provides that any in- come that has been included in a means assessment of the person’s spouse or partner under Part 4 of the Social Security Act 1964 (used to determine the amount the spouse or partner must pay for his or her care) is not included as income for the purpose of calculating any abatement of any benefit payable to the person.
Lump sum payment on death Clause 161 provides for a lump sum to be paid, on the death of a veteran receiving a veteran’s pension on account of his or her own service, to the surviving spouse or partner of the veteran, or to the veteran’s dependent children if there is no surviving spouse or part- ner.
The clause also provides for a lump sum to be paid to a veteran receiving a veteran’s pension on account of his or her own service on the death of the veteran’s spouse or partner if the spouse or partner was receiving a veteran’s pension.
The amount of the payments will be specified in regulations made under clause 250. Review of decision relating to veteran’s pension Clause 162 provides that a person affected by a decision on entitle- ment to the veteran’s pension may appeal to the Social Security Ap- peal Authority under the Social Security Act 1964 (or, if the decision was made on medical grounds, to a Board appointed under section 10B(3) of that Act).
However, an affected person may not appeal, to that authority, a decision to decline entitlement to a pension on Explanatory note Veterans’ Support Bill 27 the basis that the service on which a claim to entitlement is based is not qualifying operational service.

The affected person may in- stead apply for a review of the decision by the review panel appointed under clause 209 of this Bill.
Payment overseas of veteran’s pension Clauses 163 to 183 provide for the payment overseas of veteran’s pension (including rules in respect of certain Pacific countries).

The current rules are carried forward.

Part 7 Administration Part 7 of this Bill deals with various administrative matters.

Subpart 1—Establishment and functions of VANZ and related matters Clause 184 provides that the Chief of Defence Force is responsible for the administration of the Bill.
Clause 185 provides that the Chief of Defence Force must establish VANZ as a unit within the Defence Force.

Clause 186 sets out VANZ’s functions.

Clause 187 provides for the appointment of a General Manager (general manager) and a Deputy General Manager (deputy general manager) of VANZ.

Clause 188 provides that every function, duty, and power of VANZ is a function, duty, or power of the general manager.
Clause 189 provides that the general manager may delegate any of his or her functions, duties, and powers to any member of the Defence Force.

Clause 190 provides that the general manager may delegate any of his or her functions, duties, and powers to a chief executive or employee of the Public Service (with the Chief of Defence Force’s approval) or to a person outside of the Public Service (with the approval of the Chief of Defence Force and the Minister).
The provisions of section 41 of the State Sector Act 1988 apply to this type of delegation.

28 Veterans’ Support Bill Explanatory note Clause 191 provides that specified people (including the general manager, the deputy general manager, and any member of the Defence Force performing or exercising a function, duty, or power under the Bill) are immune from liability in civil proceedings for good-faith actions or omissions in pursuance or intended pursuance of their functions, duties, or powers.
The clause replicates aspects of section 6(4A) and (5) of the Crown Proceedings Act 1950 relating to the liability of the Crown.

Clause 192 provides that VANZ may revise any decision made in error.

Specifically, it can reconsider a decision if a statement of prin- ciple is adopted or modified, a presumptive decision-making condi- tion is specified or amended, or a declaration of operational service is made after the decision has been made, if those matters would have materially affected the decision.
Clause 193 provides that a veteran or other person has certain respon- sibilities to assist VANZ in establishing the entitlements of the vet- eran or other person under the Bill.

The veteran or other person may be required to provide medical certificates, authorise VANZ to access medical information, undergo assessment, provide information, and participate in rehabilitation provided in accordance with the Bill.

Clause 194 provides for the recovery of debts, including overpay- ments, by VANZ.
Clauses 195 to 198 provide that entitlements provided under the Act are inalienable (subject to certain other enactments) and specify the circumstances in which payments are to be made to the claimant or to the claimant’s caregiver or estate.

Clause 199 provides for the appointment of medical assessors and examiners by VANZ.

Clause 200 sets out the purposes for which VANZ may collect infor- mation.

Subpart 2—Review of VANZ decisions This subpart relates to the review of decisions made by VANZ.
Clause 201 provides that a veteran or other claimant may apply for a review of a decision by VANZ that relates to the person’s entitlement.

Clause 202 provides that the procedure for reviews may be pre- scribed by regulations which must not be inconsistent with this subpart.

Explanatory note Veterans’ Support Bill 29 Clause 203 provides that a review application is made by giving an application to VANZ, and sets out some requirements with which the application must comply.
Clause 204 provides that an application for review of a decision must be made within 6 months of the claimant receiving notification of the decision, unless the review officer is satisfied that any delay beyond 6 months was caused by circumstances beyond the applicant’s control.

Clause 205 provides that reviews must be conducted by a review of- ficer.
However, if the decision under review is a decision to decline entitlement on the basis that the service on which the claim for en- titlement is based is not service of the type required for the particular entitlement, the review must be conducted by the Veterans’ Service Review Panel (appointed by the general manager under clause 209).
Clause 206 provides that the review officer must act independently in conducting the review, have had no previous involvement with the claim, decide the review on its merits, conduct the review on the papers, and comply with the principles of natural justice, the prin- ciples set out in clauses 14(b), and clause 15.
Clause 207 provides that a review officer may require an applicant to provide further information or seek an assessment of the claimant’s impairment if the review officer considers it reasonable necessary to decide the review.

Clause 208 provides that the review officer must confirm, modify, or revoke the decision or make any other decision appropriate to the circumstances of the case.
Veterans’ Service Review Panel Clauses 209 to 213 provide for a panel of 2 people, an employee or contractor of the New Zealand Defence Force and a person nomin- ated by the Royal New Zealand Returned and Services’ Association, to conduct reviews of decisions to decline entitlement on the basis that the service on which the claim for entitlement is based is not ser- vice of the type required for the particular entitlement.
30 Veterans’ Support Bill Explanatory note Subpart 3—Appeal against review decision Appeal to appeal board Clause 214 provides that a review decision may be appealed to the appeal board, within 6 months of the review decision (unless that time is extended by the appeal board).

Clause 215 relates to the hearing and determination of appeals.

It provides that appeals are de novo appeals and that the appeal board is not bound by any findings of fact made by the review officer or review panel (as relevant).
Appeals must be heard and determined without regard to legal or procedural technicalities.

The clause enables the appeal board to hold hearings in private and requires the appeal board to comply with the principles of natural justice, the principles set out in clauses 14(b), and clause 15.

Clause 216 relates to the composition of the appeal board.

Clauses 217 to 221 set out the appeal board’s powers to require docu- ments and to summon witnesses.
Clause 222 provides that the appeal board must confirm, modify, or revoke the decision or make any other decision appropriate to the cir- cumstances of the case.

If the appeal board revokes the decision is must substitute its own decision or require VANZ to make the deci- sion again in accordance with directions.

Clause 223 provides that decisions of the appeal board must be made available on VANZ’s Internet site.
However, the appeal board may make an order prohibiting or restricting the publication of any report of a hearing, a decision or part of a decision, or any details of a deci- sion that would identify a person.

Contravening such an order is an offence punishable with a fine of up to $5,000.

Clause 224 provides that an appeal on a question of law only may be made to the High Court.
Veterans’ Entitlements Appeal Board Clauses 225 to 231 relate to the establishment and composition of the Veterans’ Entitlements Appeal Board, the appointment of mem- bers and deputy members, the ability to appoint a specialist member to assist in technical, scientific, or medical matters, and the term of office and remuneration of members.
Explanatory note Veterans’ Support Bill 31 Part 8 Advisory bodies and medical research trust fund Subpart 1—Veterans’ Advisory Board Clause 232 establishes the Veterans’ Advisory Board, the function of which is to provide advice to the Minister, including advice on policies to be applied in respect of veterans’ entitlements.

This is currently a function of the War Pensions Advisory Board under the War Pensions Act 1954.
Clauses 233 to 238 provide for the composition of the advisory board, the appointment of members and deputy members, meetings of the board, and the term of office and remuneration of members.
Subpart 2—Specialist Medical Advisory Panel Clause 239 establishes the Specialist Medical Advisory Panel, the functions of which include— • to provide advice to the Minister and the Chief of Defence Force on specified matters relating to service, veterans’ health, and entitlements under this Act: to decide how the income of the Veterans’ Medical Research Trust Fund is to be applied for grants and awards.
• Some of the functions of the advisory panel are currently functions of the War Pensions Advisory Board under the War Pensions Act 1954.

Clauses 240 to 244 provide for the membership of the advisory panel, the appointment of members, meetings of the panel, and the term of office and remuneration of members.

Subpart 3—Veterans’ Medical Research Trust Fund Clauses 245 and 246 continue the existing War Pensions Medical Research Trust Fund under the name Veterans’ Medical Research Trust Fund.
VANZ administers the fund and must apply the income of the fund by making grants or awards for the purpose of research into any field of medicine that the advisory panel considers may be beneficial for veterans.

32 Veterans’ Support Bill Explanatory note Clause 247 provides that VANZ must prepare an annual report of the fund and that the Auditor-General is the fund’s auditor.

Clause 248 provides that any capital of the fund must be invested in accordance with the Trustee Act 1956.
Part 9 Miscellaneous Subpart 1—Notification Clause 249 sets out the methods by which documents or notifications required to be given under the Act may be given.

Subpart 2—Regulations Clause 250 is the general regulation-making provision.

Clause 251 provides for the making of regulations relating to re- habilitation for the purposes of Part 4 and Schedule 2.
Clause 252 provides for the making of regulations relating to an- cillary services for treatment or rehabilitation for the purposes of clauses 3 and 11 of Schedule 2.

Clause 253 provides for the making of regulations relating to lump sum compensation and the independence allowance for the purposes of Part 3 of Schedule 2.
Subpart 3—Offences Clause 254 provides that is an offence to intentionally mislead VANZ for the purpose of, or with the effect of, receiving or continuing to receive any payment or entitlement.

Clause 255 provides that it is an offence for any person receiving certain entitlements to fail to advise VANZ if the person’s income has increased in such a way as to reduce the person’s entitlement.
Clause 256 provides that certain people must provide to VANZ any information or statement, when requested to do so by VANZ, for the purposes of facilitating decisions about cover, the timely and appro- priate provision of entitlements, and detecting fraud, provided that the claimant has authorised the request.

It is an offence to refuse or fail to supply any information or statement requested by VANZ for that purpose.
Explanatory note Veterans’ Support Bill 33 Clause 257 provides that it is an offence to demand or accept any assignment or charge of an entitlement.

Clause 258 extends the time for the filing of a charging document for an offence against the Act or any regulations made under it to the date that is 12 months after the date on which the facts of the charge are brought to the knowledge of the person by whom the proceedings are instituted.
Clause 259 provides that a person who commits an offence against the Act or any regulations made under it for which no fine is provided is liable on conviction to a fine not exceeding $500.

Subpart 4—Repeals, transitional provisions, and consequential amendments Clause 260 repeals the War Pensions Act 1954 and the Veterans’ Affairs Act 1999.

Clause 261 gives effect to the application, savings, and transitional provisions set out in Schedule 1.
Clause 262 gives effect to the consequential amendments set out in Schedule 4.

Subpart 5—Other matters Clause 263 provides for the circumstances where a veteran is offi- cially reported as missing or as having died while on operational ser- vice.
Clause 264 provides for reciprocal arrangements with other countries under which the Defence Force acts as an agent of a department of State of another country for the purposes of an analogous Act and that department acts as an agent of the Defence Force for the purposes of this Bill in that country.
Clause 265 provides that the Crown is not liable to pay compensa- tion or damages in respect of death or disablement of a veteran if any entitlement has at any time been provided or is being provided under the Bill in respect of the death or disablement or if VANZ has deter- mined that the death or disablement is attributable to service in the armed forces.
Hon Michael Woodhouse Veterans’ Support Bill Government Bill Contents Title Commencement Part 1 Preliminary provisions Subpart 1—Preliminary matters Purpose Overview Act to bind the Crown Application of provisions of this Act Subpart 2—Interpretation and related matters Interpretation Meaning of different types of service Declarations that deployments are operational service Subpart 3—Presumptions Presumption of physical and mental fitness service Application of section 10(4) to veterans with qualifying operational service Presumption that injury, illness, or death due to or aggravated by qualifying operational service Presumption in relation to paired organs Subpart 4—Principles and related matters Functions to be performed and powers to be exercised in accordance with certain principles 158—1 Page 12 12 12 13 15 15 15 19 20 21 22 22 23 24 1 Veterans’ Support Bill Claims to be determined according to substantial justice and merits of claim Presumptive decision-making conditions Statements of principle made under Australian legislation Subpart 5—Other matters General obligations of VANZ VANZ must make decisions on reasonable grounds and in timely manner VANZ must give notice of decisions VANZ must tell claimant about review rights Disentitlement Circumstances that exclude or limit entitlements Disentitlement during imprisonment Indexation Indexation of weekly compensation and related amounts Indexation of lump sum compensation, funeral grant, survivor’s grant, and child care payments Part 2 Code of Veterans’ and Other Claimants’ Rights Purpose of Code Chief of Defence Force to prepare draft Code in consultation with persons nominated by Minister Approval of draft Code by Minister VANZ’s obligations in respect of Code Status of Code as disallowable instrument Amendments to Code Part 3 Scheme One Subpart 1—Application and purpose Application of Part 3 Application of Part 3 before commencement of Part 4 (Scheme Two) Purpose of Scheme One Subpart 2—Medical treatment and associated
 travel costs Interpretation Medical treatment VANZ responsible for cost of medical treatment Veterans’ Support Bill Travel costs associated with medical treatment When travel costs payable Travel escort Travel costs of certain persons visiting veteran in long-term hospital care Regulations Subpart 3—Disablement pension Disablement pension Application for disablement pension Disablement pension temporary unless specified to be permanent Suspension of temporary disablement pension Treatment and rehabilitation during period of temporary disablement pension Reassessment of veteran’s disablement Lump sum payment for terminal conditions Entitlement to disablement pension ceases 28 days after veteran’s death Rate of disablement pension Transitional provision Subpart 4—Weekly income compensation Weekly income compensation Application for weekly income compensation Rate of weekly income compensation Entitlement to weekly income compensation ceases if veteran able to work full-time Entitlement to compensation abates if veteran able to work part-time Relationship between weekly income compensation and New Zealand superannuation or veteran’s pension Subpart 5—Retirement lump sum Retirement lump sum Asset assessment Regulations relating to this subpart Subpart 6—Spouses, partners, children, and dependants of veterans Surviving spouse or partner pension Surviving spouse or partner pension Application for surviving spouse or partner pension Veterans’ Support Bill Surviving spouse or partner pension ceases after spouse or partner enters into new relationship Reinstatement of surviving spouse or partner pension Entitlement to surviving spouse or partner pension ceases 28 days after spouse’s or partner’s
 death Transitional provision (surviving spouse pension) Children’s pension Children’s pension Application for children’s pension Entitlement to children’s pension ceases 28 days after child’s death Transitional provision (children’s pension) Dependant’s pension Dependant’s pension Application for dependant’s pension Entitlement to dependant’s pension ceases 28 days after dependant’s death Certain children not entitled to dependant’s pension Transitional provision (dependants) Subpart 7—Children’s bursaries Entitlement to children’s bursary Transitional provision Part 4 Scheme Two Subpart 1—Preliminary matters Application Application in other circumstances Purpose of Scheme Two Extent to which entitlements provided by this Part Subpart 2—Vocational services and assistance for spouse or partner Application of subpart Spouse or partner entitled to vocational services and assistance Period for which vocational rehabilitation may be provided Assessment of spouse’s or partner’s vocational rehabilitation needs Conduct of initial occupational assessment Veterans’ Support Bill Report on occupational assessment Subpart 3—Payments for permanent impairment Entitlement to payment for permanent impairment Independence allowance Independence allowance Extent to which veteran entitled to independence allowance under this subpart and under Accident Compensation Act 2001 Lump sum payments Lump sum payments Veteran entitled to financial advice in certain circumstances Tax status of impairment payments Impairment payments exempt from income tax Subpart 4—Weekly compensation Entitlement to weekly compensation Entitlement to compensation ceases or abates if veteran able to work Extent to which veteran entitled to weekly compensation under this subpart and under Accident Compensation Act 2001 Weekly
 compensation is income for purposes of Income Tax Act 2007 Relationship between weekly compensation and New Zealand superannuation or veteran’s pension Subpart 5—Retirement lump sum Retirement lump sum Asset assessment Regulations relating to this subpart Part 5 Entitlements common to Scheme One and Scheme Two Subpart 1—Application and purpose 100 101 Application Purpose of this Part 102 Medical treatment Subpart 2—Medical treatment 58 59 59 60 60 60 61 61 62 63 63 63 64 65 65 66 66 66 5 Veterans’ Support Bill 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 Extent to which VANZ responsible for paying or contributing to cost of medical treatment Application for additional treatment Approval of VANZ required before treatment begins Transport costs associated with medical treatment Subpart 3—Rehabilitation Appointment of case manager General duty of VANZ Individual rehabilitation plan VANZ to determine need for rehabilitation plan Provision of rehabilitation before and after individual rehabilitation plan agreed Assessment of needs and content of individual rehabilitation plan Individual rehabilitation plan must be updated Social rehabilitation Purpose of social rehabilitation VANZ’s responsibility to provide key aspects of social rehabilitation VANZ may provide other social rehabilitation Date of entitlement to social rehabilitation Assessment and reassessment of need for social rehabilitation Vocational rehabilitation Purpose of vocational rehabilitation 118 VANZ responsible for providing vocational rehabilitation 119 120 Matters to be considered in deciding whether to provide vocational rehabilitation Further matters to be considered in deciding whether to provide vocational rehabilitation Vocational rehabilitation may start or resume if circumstances change Assessment of veteran’s vocational rehabilitation needs Occupational assessor Conduct of initial occupational assessment Report on initial occupational assessment Assessments when medical assessor
 unavailable Conduct of initial medical assessment Report on initial medical assessment 123 124 125 126 127 Medical assessor Veterans’ Support Bill 131 132 133 134 135 136 137 Subpart 4—Veterans’ independence programme VANZ to establish and administer veterans’ independence programme Purpose of programme Scope of programme Extent to which services and support to be provided under programme Application for services and support Surviving spouse or partner Regulations Subpart 5—Regulations relating to aids and appliances 138 Regulations relating to aids and appliances Subpart 6—Motor vehicle loans Interpretation Eligibility for motor vehicle loans Regulations relating to motor vehicle loans Subpart 7—Funeral grants Application Funeral expenses if death due to qualifying service Funeral expenses if death not due to qualifying service 139 140 141 142 143 144 Part 6 Veteran’s pension Preliminary provisions Interpretation 145 146 Meaning of living alone 147 Delegation of general manager’s functions, duties, and powers under this Part 148 149 150 Entitlement Entitlement to veteran’s pension Entitlement of spouse or partner of deceased veteran to veteran’s pension Entitlement to veteran’s pension by reason of infirmity Entitlement to veteran’s pension under War Pensions Act 1954 by reason of infirmity Veteran’s ability to earn employment income 151 152 Medical examination of veteran receiving pension under section 150 80 80 80 80 81 81 81 82 82 82 83 83 83 84 84 87 88 88 90 92 92 93 7 Veterans’ Support Bill 153 154 155 156 157 158 159 160 Person may not receive New Zealand superannuation and veteran’s pension Person may not receive New Zealand superannuation and veteran’s pension at same time Commencement and rates of veteran’s pension Commencement of veteran’s pension Rates of veteran’s pension Initial rates of veteran’s pension Annual adjustment of rates of veteran’s
 pension Abatement of veteran’s pension Election if spouse or partner not entitled to superannuation or veteran’s pension Entitlement to veteran’s pension for spouses or partners of persons in long-term residential care in hospital or rest home 161 Lump sum payments on death Lump sum payment on death Review of decision relating to veteran’s pension 162 Review of decision relating to veteran’s pension Payment overseas of veteran’s pension Effect of absence from New Zealand on veteran’s pension First 26 weeks of certain temporary absences Absences up to 2 years for medical treatment Absences up to 156 weeks with aid agencies Date absence commences Payment overseas of veteran’s pension Entitlement to payments overseas Rates of veteran’s pension payable overseas Calculation of amount of veteran’s pension payable overseas Certain absences excluded from calculation Application for entitlement Applications after leaving New Zealand Date of commencement of payment overseas Relationship with other benefit provisions Specified Pacific country Entitlement to be paid veteran’s pension in specified Pacific country Rates of payment of veteran’s pension payable to people resident in specified Pacific countries Veterans’ Support Bill Commencement and termination of payments Effect on other benefits Application of this Act and Social Security Act 1964 Certain former economic pensioners may be paid up to the full rate of veteran’s pension overseas Part 7 Administration Subpart 1—Establishment and functions of VANZ and related matters Chief of Defence Force responsible for administration of Act Establishment of VANZ as unit within Defence Force Functions of VANZ General Manager and Deputy General Manager of VANZ Functions, duties, and powers of VANZ General manager may delegate functions, duties, and powers to members
 of Defence Force General manager may delegate functions, duties, and powers outside Defence Force with approval Immunity from civil liability VANZ may reconsider decision Responsibility of veteran or other claimant to assist in establishing and maintaining entitlements Recovery of debts by VANZ Entitlements inalienable Entitlements to be provided to claimant only VANZ to pay amount for child to caregiver or financially responsible person VANZ to pay amount to claimant’s estate Appointment of assessors and examiners Purposes for which VANZ may collect information Subpart 2—Review of VANZ decisions Review of decision Procedure for reviews Application for review Time limit for application for review Review to be conducted by review officer or review panel Conduct of review Review officer may require further information or assessment Decision of review officer Veterans’ Support Bill Veterans’ Service Review Panel Veterans’ Service Review Panel 209 210 Membership of review panel 211 212 213 Review panel may seek and receive further information Decision stands if panel unable to agree RSA member 214 215 216 217 218 219 220 221 222 223 224 Subpart 3—Appeal against review decision Appeal to appeal board Appeal against review decision Hearing and determination of appeal Composition of appeal board Power to require documents Power to summon witnesses Service of summons on witness Reimbursement of witness Offence to fail to comply with summons Decision of appeal board Decision to be made available unless publication prohibited or restricted Appeal to High Court on questions of law Veterans’ Entitlements Appeal Board Veterans’ Entitlements Appeal Board 225 226 Membership of appeal board 227 228 229 230 231 Deputy members Specialist member Appeal
 board serviced by VANZ Term of appointment Remuneration of members of appeal board Part 8 Advisory bodies and medical research trust fund Subpart 1—Veterans’ Advisory Board Veterans’ Advisory Board 232 233 Membership of advisory board 234 Deputy members 235 Meetings of advisory board 236 237 238 Advisory board serviced by VANZ Term of appointment Remuneration of members of advisory board Veterans’ Support Bill Subpart 2—Specialist Medical Advisory Panel Specialist Medical Advisory Panel Advisory panel serviced by VANZ 239 240 Membership of advisory panel 241 242 Meetings of advisory panel Term of appointment 243 Remuneration of members of advisory panel 244 245 246 247 248 Subpart 3—Veterans’ Medical Research Trust Fund Veterans’ Medical Research Trust Fund Income to be applied for grants and awards Annual report and audit of fund Capital to be invested in accordance with Trustee Act 1956 Part 9 Miscellaneous Subpart 1—Notification 249 How documents given or information notified Subpart 2—Regulations Regulations Regulations relating to rehabilitation Regulations relating to ancillary services for treatment or rehabilitation Regulations relating to lump sum compensation or independence allowance Subpart 3—Offences Offence to mislead VANZ Offence not to provide earnings information to VANZ Offence not to provide requested information to VANZ Offence to demand or accept assignment or charge of entitlement Time for filing charge General fine for offences Subpart 4—Repeals, transitional provisions, and consequential amendments Repeals Application, savings, and transitional provisions Consequential amendments cl 1 Veterans’ Support Bill Subpart 5—Other matters Veteran officially reported as missing
 Arrangements with other countries 263 264 265 When the Crown not liable to pay compensation or damages for death or disablement of veterans Schedule 1 Application, savings, and transitional provisions Schedule 2 Entitlements Schedule 3 Specified Pacific countries Schedule 4 Consequential amendments 150 150 151 152 154 213 214 The Parliament of New Zealand enacts as follows: 1 2 (1) (2) Title This Act is the Veterans’ Support Act 2013.
Commencement This Act (except the provisions specified in subsection (2)) 5 comes into force on the 1 July 2014.

The following provisions come into force on 1 July 2015: (a) (b) Part 4 (Scheme Two): Part 5 (except subpart 4) to the exent that it applies in relation to Part 4: Schedule 2 (except Part 1).
(c) Part 1 Preliminary provisions Subpart 1—Preliminary matters 3 (1) Purpose The purpose of this Act is to provide for— 12 10 15 Veterans’ Support Bill Part 1 cl 4 (a) (c) (b) the rehabilitation of and support for veterans who, as a result of being placed in harm’s way in the service of New Zealand, have been injured or become ill; and entitlements for eligible veterans who are serving or who have ceased serving in the armed forces; and entitlements for eligible spouses, partners, and depend- ants of severely impaired or deceased veterans.
The purpose of Part 2 is to promote positive veteran and claimant interaction with Veterans’ Affairs New Zealand through the development and operation of a Code of Veterans’ 10 and Other Claimants’ Rights.

5 Overview This Act comprises 9 Parts.
This Part— (a) (b) (c) (d) (f) 15 (e) sets out the purpose of this Act: provides that this Act binds the Crown: defines terms used in this Act: provides certain presumptions relating to fitness for ser- vice, the cause of injury or illness, and paired organs: provides a statement of principles and related matters 20 about how claims are to be dealt with: states the general obligations of Veterans’ Affairs New Zealand: (g) provides for the indexation of certain entitlements.
Part 2 provides for a Code of Veterans’ and Other Claimants’ 25 Rights.

Part 3 (Scheme One) provides entitlements to veterans whose injury or illness is attributable to or aggravated by qualifying service before 1 April 1974 and their spouses, partners, chil- dren, and dependants.

Certain veterans with qualifying service 30 after 1 April 1974 are also included.
The entitlements are— (a) medical treatment and associated travel costs (subpart 2); and the disablement pension (subpart 3); and weekly income compensation (subpart 4); and retirement lump sum (subpart 5); and (b) (c) (d) 35 13 (2) 4 (1) (2) (3) (4) (5) Part 1 cl 4 Veterans’ Support Bill (6) (7) (8) (9) (e) entitlements for spouses, partners, children, and de- pendants of veterans (subpart 6); and children’s bursaries (subpart 7).
(f) Part 4 (Scheme Two) provides entitlements to veterans whose injury or illness is attributable to or aggravated by qualify- 5 ing operational service on or after 1 April 1974 and to their spouses, partners, children, and dependants.

Certain veterans with qualifying operational service after 1 April 1974 who are covered by Part 3 (Scheme One) are excluded.
The entitlements are— (a) vocational services for spouses or partners (subpart 2); and payments for permanent impairment (subpart 3); and weekly compensation (subpart 4); and retirement lump sum (subpart 5).

(b) (c) (d) Part 5 provides additional entitlements to or in respect of vet- erans to whom Scheme One or Scheme Two applies.
The entitlements are— (a) medical treatment (subpart 2); and (b) rehabilitation for veterans (subpart 3 and Schedule 20 2); and participation in the veterans’ independence programme (subpart 4); and (d) aids and appliances (subpart 5); and (e) motor vehicle loans (subpart 6); and (f) funeral grants (subpart 7).

(c) 25 10 15 (10) Part 6 provides an entitlement to a veteran’s pension to certain veterans and their spouses and partners who have reached the New Zealand superannuation qualification age.
(11) Part 7 provides for— 30 (a) (b) (c) the establishment and functions of VANZ (subpart 1): the review of decisions by VANZ by a review officer or review panel, and for the establishment of a Veterans’ Service Review Panel (subpart 2): appeals against a review decision to an appeal board 35 and for the establishment of a Veterans’ Entitlements Appeal Board (subpart 3).
(12) Part 8 provides for— 14 Veterans’ Support Bill Part 1 cl 7 (a) (b) (c) the establishment and functions of the Veterans’ Advi- sory Board (subpart 1): the establishment and functions of the Specialist Med- ical Advisory Panel (subpart 2): the administration of the Veterans’ Medical Research 5 Trust Fund (subpart 3).
(13) Part 9 provides for a range of miscellaneous matters as fol- lows: (a) (b) (c) (d) (e) notification of documents and information (subpart 1): regulations (subpart 2): offences (subpart 3): repeals, amendments (subpart 4): other matters relating to missing veterans, arrangements with other countries, and exclusion of Crown liability 15 for the death or disablement of veterans (subpart 5).
transitional provisions, and consequential 10 (14) This section— (a) (b) is only a guide to the general scheme and effect of this Act; and does not limit or affect the other provisions of this Act.

20 5 6 7 Act to bind the Crown This Act binds the Crown.

Application of provisions of this Act Schedule 1 contains application, transitional, and savings provisions that affect this Act’s other provisions as from time 25 to time amended, repealed, or repealed and replaced (see sec- tion 261).
Subpart 2—Interpretation and related matters Interpretation In this Act, unless the context otherwise requires,— accepted late-onset condition, in relation to Part 4 (Scheme Two),— (a) means a condition specified in regulations made under 30 section 250 as accepted as being linked to specific 35 15 Part 1 cl 7 Veterans’ Support Bill exposure or specific events occurring during qualifying operational service; and (b) without limiting paragraph (a), includes conditions specified in regulations referred to in that paragraph, be- ing— (i) 5 (ii) (iii) a malignancy or other physical disorder that is capable of being caused by exposure during qualifying operational service that occurs 10 or more years before the onset of the illness; or a mental disorder that is capable of being caused 10 by an event that occurs 10 or more years before the onset of the illness; and a mental disorder that is capable of being caused by an event that occurs less than 10 years be- fore the onset of the illness and that is capable 15 of causing the person suffering from it to be un- able to seek medical help for the disorder during that period advisory board means the Veterans’ Advisory Board estab- lished under Part 8 appeal board means the Veterans’ Entitlements Appeal Board established under Part 7 armed forces has the same meaning as in section 2(1) of the Defence Act 1990 child, in relation to a veteran,— (a) means a natural child of the veteran; and (b) (c) includes an adopted child of the veteran; and includes any other child who would ordinarily be re- garded as a child of the veteran because the veteran— (i) is or was the spouse or partner of one of the 30 child’s parents; and acted as a parent of the child (ii) 20 25 Code— (a) means the Code of Veterans’ and Other Claimants’ (b) Rights approved under section 27; and includes any amendments to the Code approved under section 30 35 16 Veterans’ Support Bill Part 1 cl 7 Defence Force has the same meaning as in section 2(1) of the Defence Act 1990 dependant, in relation to a veteran,
 means any of the follow- ing persons: (a) a person (not being the spouse, partner, or child of the 5 veteran) who— (i) (ii) is under 18 years of age; and is wholly or primarily dependent on the veteran for financial support; and ordinarily resides with the veteran: (iii) a person (not being the spouse, partner, or child of the veteran) who— (i) (ii) (iii) is 18 years of age or more; and is under the care of the veteran; and ordinarily resides with the veteran because the 15 person is unable to live independently of the vet- eran due to disability, illness, or advanced age: 10 a person who— (i) (ii) (iii) (iv) is a child of the veteran; and is 18 years of age or more; and is under the care of the veteran; and is unable to live independently of the veteran due to physical or mental infirmity 20 (b) (c) 25 deputy general manager means the Deputy General Manager of VANZ appointed under section 187 general manager means the General Manager of VANZ ap- pointed under section 187 health practitioner has the same meaning as in section 5(1) of the Health Practitioners Competence Assurance Act 2003 impairment means a loss or abnormality of psychological, 30 physiological, or anatomical function or structure medical practitioner has the same meaning as in section 5(1) of the Health Practitioners Competence Assurance Act 2003 member of the armed forces means a person who is or has been a member of a New Zealand armed force raised by the 35 Governor-General on behalf of the Sovereign,— whether in New Zealand or elsewhere; and (a) (b) whether before or after the commencement of this Act 17 Part 1 cl 7 Veterans’ Support Bill Minister means the Minister of the Crown who is, with the authority of the Prime Minister, for the time being responsible for the administration of this Act New Zealand superannuation qualification age means the age at which a person becomes entitled to receive New 5 Zealand superannuation under the New Zealand Superannu- ation and Retirement Income Act 2001
 other claimants means— (a) persons who have served as members of the armed forces before 1 April 1974 and whose injury or illness 10 was attributed to or aggravated by routine service in New Zealand or overseas; and dependants of veterans; and spouses or partners of veterans (b) (c) partner means a civil union partner or a de facto partner review decision means a decision made by a review officer, a review panel, or the general manager under subpart 2 of Part 7 review officer means an employee or a contractor of the De- fence Force appointed by the general manager to conduct re- 20 views under subpart 2 of Part 7 review panel means a Veterans’ Service Review Panel estab- lished under section 209 service-related, in relation to an injury, an illness, or a whole- person impairment, means an injury, an illness, or a whole- 25 person impairment caused by, contributed to, or aggravated by qualifying service service-related death,— (a) in relation to Part 3 (Scheme One), means death at- tributable to qualifying service; and in relation to Part 4 (Scheme Two), means— (i) 30 15 the death of a person who, at the time of the per- son’s death, was taking part in qualifying oper- ational service: the death of a person within 10 years after the 35 person took part in qualifying operational service from an illness or injury attributed to or aggra- vated by the qualifying operational service: (ii) (b) 18 Veterans’ Support Bill Part 1 cl 8 (iii) the death of a person more than 10 years after the person took part in qualifying operational service from an accepted late-onset condition treatment provider— (a) means an acupuncturist, audiologist, chiropractor, 5 counsellor, dentist, medical laboratory technologist, nurse, nurse practitioner, occupational therapist, op- tometrist, osteopath, physiotherapist, podiatrist, med- ical practitioner, or speech therapist; and includes a member of any occupational group included 10 in the definition of treatment provider by regulations made
 under section 250 (b) VANZ means Veterans’ Affairs New Zealand established under section 185 veteran means— (a) a member of the armed forces who took part in quali- fying operational service at the direction of the New Zealand Government; or a person— (i) 15 20 who has been— (A) appointed as an employee of the Defence Force under section 61A of the Defence Act 1990; or seconded to the Defence Force with the permission of the Chief of Defence Force; 25 and (B) (ii) who took part in qualifying operational service at the direction of the New Zealand Government; or a person who, immediately before the commencement of this Act, is eligible for a pension under the following 30 provisions of the War Pensions Act 1954: (i) section 19 (but only if the person was a member of the forces): section 55: (ii) (iii) Parts 4 and 5.
35 (b) (c) 8 (1) Meaning of different types of service In this Act, unless the context otherwise requires, qualifying service means— 19 Part 1 cl 9 Veterans’ Support Bill (2) qualifying operational service; and (a) (b) qualifying routine service.
For the purposes of subsection (1),— qualifying operational service means— (a) service on any deployment treated as a war or emer- 5 gency for the purposes of the War Pensions Act 1954; and service on any deployment declared to be operational service under section 9 (b) qualifying routine service means service in the armed forces 10 before 1 April 1974 that is not qualifying operational service.
(2) 9 Declarations that deployments are operational service (1) As soon as practicable after a decision is made to deploy mem- bers of the Defence Force, the Chief of Defence Force must provide a report to the Minister that assesses the operational 15 and environmental threats posed to the health and well-being of the members.
If further information on the threats posed to the members be- comes available or the nature or significance of the threats changes, the Chief of Defence Force must provide a further 20 report to the Minister.
If the Minister is satisfied that the deployment poses a signifi- cant risk of harm to the members deployed, the Minister must, by notice in the Gazette, declare— (a) (b) the deployment to be operational service; and the area (whether land, sea, or airspace) in which the deployment is to be operational service; and the period during which the deployment is to be oper- ational service.
(3) (c) 25 The Chief of Defence Force must advise the Minister when the 30 deployment ends or the threats posed to members on which the Minister relied in making a declaration under subsection (3) escalate, abate, or cease.
If, before the expiry of the period referred to in subsection (3)(c), the Minister is satisfied that the deployment has ended 35 or that the deployment no longer poses a significant risk of harm to the members of the deployed force, the Minister must, (4) (5) 20 Veterans’ Support Bill Part 1 cl 10 (6) by notice in the Gazette, declare the operational service to have ended and the date on which the operational service ended.
For the purposes of this section,— environmental threat means a threat posed by 1 or more of the following: (a) water and food quality or availability, or sanitation con- ditions: epidemics and other diseases, including diseases that are endemic: insect, plant, and animal hazards: roads and associated traffic hazards: any other matter that the Minister considers poses an environmental threat (b) (c) (d) (e) operational threat means a threat posed by 1 or more of the following: (a) 5 10 15 the activity of individuals, stakeholders, and factions, security forces, and other groups, including those con- ducting military and political activity: the local conditions and hazards, including violence connected with crime, civil disturbance, rioting, and 20 protest action: the risk associated with mines, unexploded ordnance, and booby traps: the risk associated with chemical, biological, radiolog- ical, and nuclear exposure: acts of terrorism, whether or not directed at members of the New Zealand Defence Force: any other matter that the Minister considers poses an operational threat.
25 (b) (c) (d) (e) (f) 10 (1) (2) Subpart 3—Presumptions Presumption of physical and mental fitness service For the purposes of this Act, a person who is medically as- sessed by the Defence Force to be physically and mentally fit for service in the armed forces is presumed to be physically and mentally fit for service in the armed forces.
The presumption in subsection (1) is conclusive, but— (a) applies subject to subsection (3); and 30 35 21 Part 1 cl 11 Veterans’ Support Bill does not apply if subsection (4) applies.

(b) The presumption in subsection (1) applies subject to any physical or mental condition that— (a) qualifies a person’s physical and mental fitness for ser- vice in the armed forces; and is noted in writing and given to the person at the time the person’s physical and mental fitness is assessed.
(b) 5 The presumption in subsection (1) does not apply if it is proved— (a) that the person failed to disclose, after proper inquiry 10 of the person, any material facts in relation to his or her physical or mental health or history of physical or mental health; or that, by reason of any false statement, non-disclosure, or misrepresentation by the person, he or she was incor- 15 rectly assessed as physically and mentally fit for service in the armed forces.
(b) Application of section 10(4) to veterans with qualifying operational service Section 10(4) does not preclude the production of evidence 20 (whether strictly legal evidence or not) showing that any con- ditions that resulted in the disablement or death of the person were possibly or probably attributable to or aggravated by the person’s qualifying operational service.
If that evidence is produced, then (in the absence of evidence 25 to the contrary), the person’s condition is to be treated as at- tributable to or aggravated by the person’s qualifying oper- ational service.
Presumption that injury, illness, or death due to or aggravated by qualifying operational service For the purposes of this Act, a veteran who is injured, becomes ill, or dies is presumed to have been injured, become ill, or died as a result of performing qualifying operational service if the injury, illness, or death occurred while the veteran was performing qualifying operational service.
30 35 (3) (4) 11 (1) (2) 12 (1) 22 (2) (3) 13 (1) (2) (3) (4) (5) Veterans’ Support Bill Part 1 cl 13 (b) For the purposes of this Act, the aggravation of an injury or illness of a veteran is presumed to be the result of performing qualifying operational service if— (a) the injury or illness was sustained or suffered before the veteran began performing qualifying operational ser- 5 vice; and the injury or illness was recorded in the service med- ical records before the veteran commenced qualifying operational service, but only where the injury or illness was known to the veteran before commencing qualify- 10 ing operational service; and the aggravation to the injury or illness occurred during the performance of qualifying operational service.
The presumptions in subsections (1) and (2) are conclusive.

(c) Presumption in relation to paired organs This section applies if— (a) (b) (c) a veteran suffers the loss of, or the permanent loss of the use of, one of any paired organs of his or her body; and that loss is attributable to his or her qualifying service; and the veteran subsequently loses or suffers impaired effi- ciency of the other corresponding organ (from whatever cause).
15 20 The subsequent loss or impaired efficiency of the correspond- ing organ is presumed to be attributable to the veteran’s quali- 25 fying service.

The presumption in subsection (2) is conclusive.

Regulations may be made under section 250 on the recom- mendation of the Minister specifying which organs are paired organs for the purposes of this section.
The Minister must not make a recommendation under sub- section (4) without first consulting— (a) (b) the Medical Council of New Zealand; and the Specialist Medical Advisory Panel established under section 239; and any other person or organisation that the Minister con- siders appropriate to consult.
(c) 30 35 23 Part 1 cl 14 Veterans’ Support Bill Subpart 4—Principles and related matters 14 15 (1) (2) Functions to be performed and powers to be exercised in accordance with certain principles Every person who performs any function or exercises any power under this Act must do so— (a) in acknowledgement, on behalf of the community, of the responsibility for the injury, illness, or death of vet- erans as a result of them being placed in harm’s way in the service of New Zealand; and in accordance with the following principles: (i) (b) the principle of providing veterans, their spouses and partners, their children, and their dependants with fair entitlements: the principle of promoting equal treatment of equal claims: the principle of taking a benevolent approach to claims.
(ii) (iii) 5 10 15 Claims to be determined according to substantial justice and merits of claim This section applies in relation to a claim to an entitlement 20 under this Act if— (a) the claim is made by— a veteran; or (i) (ii) a person in respect of a veteran; and a question has to be determined as to whether the death 25 or disablement of the veteran was— (i) (ii) attributable to the veteran’s service; or aggravated by the veteran’s service.
(b) The question is to be determined— (a) in accordance with substantial justice and the merits of 30 the claim; and not in accordance with any technicalities, legal forms, or legal rules of evidence.
(b) (3) Without limiting subsection (2),— (a) the veteran or other claimant does not have the onus of 35 proving that the disablement or death was attributed to or aggravated by the veteran’s service; and 24 Veterans’ Support Bill Part 1 cl 17 (b) (c) the veteran or other claimant is entitled to the benefit of the presumptions in sections 10 to 13; and the person or body determining the question must— (i) apply, to the extent relevant, any— (A) presumptive decision-making conditions 5 specified in regulations made under sec- tion 16; and statement of principle specified in regula- tions made under section 17; and (ii) make all reasonable inferences from the circum- 10 stances of the case, the evidence furnished, and medical opinions supplied; and give the benefit of any doubt in favour of the veteran or other claimant.
(iii) (B) 16 (1) (2) (3) 15 Presumptive decision-making conditions Regulations made under section 250 on the recommendation of the Minister may specify conditions that are to be treated, in the absence of evidence to the contrary in the particular cir- cumstances of a claim, as being linked to specific exposure or specific events occurring during qualifying operational ser- 20 vice.
Before making a recommendation under subsection (1), the Minister must seek, and have regard to, the advice of the spe- cialist medical advisory panel established under section 239.

Before providing its advice under subsection (2), the spe- 25 cialist medical advisory panel must consult any person or or- ganisation that the panel considers to be representative of the interests of persons likely to be substantially affected by the proposed regulations.
Statements of principle made under Australian legislation 30 17 (1) As soon as practicable after the commencement of this sec- tion, VANZ must undertake and complete a review of the state- ments of principle determined by the Australian Repatriation Medical Authority under the Veterans’ Entitlements Act 1986 (Aust).
35 25 5 10 15 Part 1 cl 17 Veterans’ Support Bill (2) (3) The purpose of the review is to assess which of the statements of principles should be applied in New Zealand and, if so, to what extent.

In conducting the review, VANZ must consult, and have regard to the views of,— (a) the Royal New Zealand Returned and Services’ Asso- ciation Incorporated; and the Medical Council of New Zealand; and any other person or organisation that VANZ considers appropriate to consult.
(b) (c) (4) After completing the review, VANZ must prepare and provide a report to the Minister.

(5) As soon as practicable after receiving the report, the Minis- ter must decide which statements of principle should apply in New Zealand and, if so, to what extent they should apply.
Regulations may be made under section 250 on the recom- mendation of the Minister— (a) (6) specifying that a statement of principle applies for the purposes of this Act; and specifying the extent to which the statement of principle 20 applies.

(b) (7) Regulations made under subsection (6) must be made in ac- cordance with subpart 2 of Part 3 of the Legislation Act 2012.
(8) As soon as practicable after VANZ becomes aware of a state- review the amendment, replacement, or revocation; and prepare and provide a report to the Minister.

ment of principle being amended, replaced, or revoked, VANZ 25 must— (a) (b) Subsections (5) to (7) apply in relation to a report provided under subsection (8) as if it were a report provided under 30 subsection (4), and subsections (5) to (7) apply with all necessary modifications.
(9) 26 Veterans’ Support Bill Part 1 cl 21 Subpart 5—Other matters General obligations of VANZ 18 VANZ must make decisions on reasonable grounds and in timely manner VANZ must make every decision on a claim on reasonable 5 grounds and in a timely manner, having regard to the require- ments of this Act, the nature of the decision, and all the cir- cumstances.

VANZ must give notice of decisions 19 (1) VANZ must give notice of its decision on a claim to the 10 (2) 20 21 (1) claimant.
Every notice given under this section must— (a) (b) (c) be in writing; and contain the reasons for the decision; and comply with section 20.

VANZ must tell claimant about review rights VANZ must tell a claimant that he or she has the right to apply for a review of any of VANZ’s decisions on the claim, and must do so at a time appropriate to enable the claimant to exercise the right.
Disentitlement Circumstances that exclude or limit entitlements Claims to entitlements under this Act are excluded if the injury, illness, or death concerned occurred in any of the following circumstances: (a) while the veteran was a deserter or absent without leave within the meaning of the relevant armed forces discip- linary legislation applicable at the time of the injury, ill- ness, or death: 15 20 25 (b) while the veteran was committing an offence under New 30 Zealand law or committing an act overseas that, had it been done in New Zealand, would have been an offence under New Zealand law: in the case of death, the death was self-inflicted (unless occurring during qualifying operational service), but 35 (c) 27 Part 1 cl 22 Veterans’ Support Bill (d) only in relation to entitlements under Part 4 (Scheme Two): the injury, illness, or death was predominantly caused by or significantly aggravated by the use of alcohol or tobacco products, the misuse of illegal or prescription 5 drugs, or the contracting of a sexually transmitted dis- ease, but only in relation to entitlements under Part 4 (Scheme Two).
(2) Despite subsection (1), VANZ may provide entitlements that would otherwise be excluded by subsection (1)(c) and (d) 10 if VANZ is satisfied on the basis of reliable evidence that— (a) the injury, illness, or death was due to a psychological condition that was attributed to or aggravated by the experiences of the veteran during qualifying operational service; or in the case of a sexually transmitted disease, the disease resulted from a sexual assault.
(b) 15 (3) (4) For the purposes of subsection (1)(a), the finding of the Court Martial of New Zealand, a service tribunal, or a court of inquiry that a veteran was a deserter or absent without leave 20 is conclusive proof that the veteran was a deserter or absent without leave.

Claims to entitlements under this Act in relation to injury or illness are excluded to the extent that the injury or illness is due wholly or substantially to the ageing process.
25 Disentitlement during imprisonment 22 (1) VANZ must not provide any entitlements under Part 3, 4, or 5 to a claimant in respect of any period during which the claimant is a prisoner in any prison.

(2) VANZ is not required to undertake any assessments or make 30 any payments to a claimant under Part 3, 4, or 5 while the claimant is a prisoner in any prison.
In this section, prisoner and prison— (a) have the same meaning as in section 3(1) of the Correc- tions Act 2004; and prison includes— (3) 35 (b) 28 Veterans’ Support Bill Part 1 cl 24 (i) (ii) a service prison within the meaning of the Armed Forces Discipline Act 1971; and an overseas prison.
Indexation Indexation of weekly compensation and related amounts 23 (1) VANZ must adjust the following amounts in the manner spe- 5 cified in subsection (2): (a) any entitlements payable under Part 3 or 4 that are linked to the average weekly wage: the amount of weekly compensation as determined 10 under clause 42(3) of Schedule 2: the weekly amounts specified in clause 49 of Sched- ule 2.
(b) (c) (2) Any adjustments required by subsection (1)— (a) must be made in accordance with a prescribed formula 15 or prescribed formulas relating to movements in aver- age weekly earnings; and have effect from the prescribed date or dates; and (b) (c) must be published by VANZ on an Internet site main- tained by or on behalf of VANZ and published in any 20 other manner that VANZ thinks appropriate to bring the adjustments to the attention of claimants and the gen- eral public.
(3) VANZ is not required to adjust any amount under subsection (1) if— (a) (b) the prescribed formula specifies a minimum movement in average weekly earnings; and the movement in average weekly earnings is less than the minimum movement specified.
24 Indexation of lump sum compensation, funeral grant, survivor’s grant, and child care payments (1) VANZ must adjust, in the manner specified in subsection 25 30 (2),— (a) any entitlements payable under Part 3 or 4 that are not linked to the average weekly wage; and 35 29 Part 2 cl 25 Veterans’ Support Bill (b) the amounts specified in clauses 51, 58, 59, and 71 of Schedule 2.
(2) Any adjustments required by subsection (1)— (a) must be made in accordance with a prescribed formula or prescribed formulas relating to movements in aver- 5 age weekly earnings; and (b) have effect from the prescribed date or dates; and (c) must be published by VANZ on an Internet site main- tained by or on behalf of VANZ and published in any other manner that VANZ thinks appropriate to bring the 10 adjustments to the attention of claimants and the gen- eral public.
(3) VANZ is not required to adjust any amount under subsection (1) if— (a) (b) the prescribed formula specifies a minimum movement 15 in the New Zealand Consumers Price Index; and the movement in the New Zealand Consumers Price In- dex is less than the minimum movement specified.
Part 2 Code of Veterans’ and Other Claimants’ Rights 20 Purpose of Code The purpose of the Code is to meet the reasonable expectations of veterans and claimants (including the highest practicable standard of service and fairness) about how VANZ should deal 25 with them, by— (a) specifying what VANZ will do, in performing its func- tions and exercising its powers, to ensure that it acts in accordance with the principles in section 14(b); and conferring rights on veterans and claimants and im- 30 posing obligations on VANZ in relation to how VANZ should deal with the veterans and claimants; and providing for the procedure for lodging and dealing with complaints about breaches of the Code by VANZ; and providing— 35 (b) (c) (d) 25 (1) 30 Veterans’ Support Bill Part 2 cl 26 (i) for the consequences of, and remedies for, a breach of the Code by VANZ; and (ii) without limiting subparagraph (i), how and to what extent VANZ must address situations where its conduct is not consistent with or does not up- 5 hold the rights of veterans and claimants under the Code; and explaining a veteran’s and claimant’s right to a review, under Part 7, of a decision made under the Code about a claimant’s complaint.
10 (e) (2) The rights and obligations in the Code— (a) are in addition to any other rights veterans and claimants have, and obligations VANZ has, under this Act, any other enactment, or the general law; and do not affect the entitlements and responsibilities of vet- 15 erans and claimants under this Act, any other enact- ment, or the general law.
(b) 26 (1) (2) Chief of Defence Force to prepare draft Code in consultation with persons nominated by Minister The Chief of Defence Force must, as soon as practicable after 20 this section comes into force, prepare a draft Code of Veterans’ and Other Claimants’ Rights.
In preparing a draft Code, the Chief of Defence Force must consult such persons, bodies, organisations, and agencies as the Minister considers necessary to ensure that a wide range 25 of views is available to the Chief of Defence Force to assist him or her in preparing a draft Code.

In subsection (2), organisation includes the Royal New Zealand Returned and Services’ Association Incorporated and other groups representing veterans and claimants.
For the purposes of subsection (2), the Minister may take into account any relevant consultation undertaken by the Chief of Defence Force before this section comes into force.

(5) After preparing the draft Code, the Chief of Defence Force (4) (3) 30 must forward it to the Minister.
35 31 Part 2 cl 27 Veterans’ Support Bill 27 (1) Approval of draft Code by Minister If the Minister agrees with the draft Code forwarded to him or her under section 26(5), the Minister must,— (a) (b) by notice in the Gazette, approve the Code; and present the Code of the House of Representatives within 5 12 sitting days after approving the Code; and arrange for the approval of the Code to be notified in daily newspapers published in Auckland, Hamilton, Wellington, Christchurch, and Dunedin.
(c) (2) A notice given under subsection (1)(c) must state where 10 (3) copies of the Code may be obtained.

The Code comes into force— (a) on the date specified for that purpose in the Code, being a date after the date on which the Code is approved; or if no such date is specified, the day after the date on 15 which the Code is approved.
(b) VANZ’s obligations in respect of Code 28 (1) VANZ must, in all its dealings with veterans and claimants, ensure that its actions are consistent with and uphold the rights of veterans and claimants in the Code.

(2) VANZ must— (a) make the Code accessible to veterans and claimants and (b) members of the public generally; and promote awareness of the Code among veterans and claimants and members of the public generally.
20 25 Status of Code as disallowable instrument The Code is a disallowable instrument for the purposes of the Legislation Act 2012.

Amendments to Code The Code may be amended by the Minister approving, by no- 30 tice in the Gazette, 1 or more amendments to the Code pro- posed by the Minister or the Chief of Defence Force.

Sections 26 and 27 apply, with all necessary modifications, in relation to an amendment to the Code as if the amendment were the preparation of a draft Code.
35 29 30 (1) (2) 32 5 10 15 Veterans’ Support Bill Part 3 cl 32 (3) However, those provisions do not apply to an amendment if— the amendment is a minor or technical amendment; and the Minister considers that compliance with those pro- visions is unnecessary.
(a) (b) Part 3 Scheme One Subpart 1—Application and purpose 31 (1) (2) 32 Application of Part 3 This Part applies to the following persons: (a) every veteran with qualifying service performed— (i) (ii) before 1 April 1974; or before 31 March 1975, in connection with the civilian surgical team based at Qui Nhon Provin- cial State Hospital, Binh Dinh province, Viet- nam; or before 21 April 1975, Squadron RNZAF in Vietnam: in connection with 41 (iii) (b) every spouse, partner, child, and dependant of every veteran referred to in paragraph (a).
This Part also applies in relation to a veteran’s claim if VANZ 20 has determined under section 77(2) that the claim is to be dealt with under this Part.
Application of Part 3 before commencement of Part 4 (Scheme Two) This Part also applies to claims made before the commence- 25 ment of Part 4 (Scheme Two) by the following persons: (a) every veteran with qualifying operational service per- formed in the period beginning on 1 April 1974 and end- ing on the day before the date on which Part 4 (Scheme Two) comes into force; and every spouse, partner, child, and dependant of every veteran referred to in paragraph (a).
(b) 30 33 Part 3 cl 33 Veterans’ Support Bill 33 (1) (2) Purpose of Scheme One The purpose of Scheme One is to provide entitlements to vet- erans and their spouses, partners, children, and dependants who are eligible under section 31 or 32.
The entitlements are— (a) medical treatment and associated travel costs (subpart 2); and the disablement pension (subpart 3); and weekly income compensation (subpart 4); and retirement lump sum (subpart 5); and entitlements for spouses, partners, children, and de- pendants of deceased veterans (subpart 6); and children’s bursaries (subpart 7).
(b) (c) (d) (e) (f) Subpart 2—Medical treatment and associated travel costs 34 Interpretation In this subpart, unless the context otherwise requires,— medical treatment includes surgical treatment travel costs means the cost of— (a) (b) meals and accommodation reasonably associated with travel: (c) the travel: actual and reasonable out-of-pocket expenses associ- ated with the travel.
Medical treatment VANZ responsible for cost of medical treatment 35 (1) VANZ is responsible for paying or contributing to the cost of medical treatment of a veteran’s injury or illness if the injury or illness is service-related.

(2) VANZ is responsible for paying or contributing to the cost of 30 medical treatment in accordance with subpart 2 of Part 5.
34 Veterans’ Support Bill Part 3 cl 39 Travel costs associated with medical treatment 36 When travel costs payable VANZ is responsible for paying or contributing to the travel costs of a veteran in the following situations: (a) where the veteran has to undergo medical treatment for 5 a service-related injury or illness: (b) where VANZ requires the veteran to undergo a medical assessment for the purpose of determining whether or to what extent a veteran can claim an entitlement under this Part: where the veteran is required to undergo a medical assessment for the purposes of a review of or appeal against a decision relating to the veteran’s entitlement under this Part.
(c) 10 37 (1) Travel escort This section applies where VANZ is responsible for paying or contributing to the cost of travel under section 36.

15 (2) VANZ is also responsible for paying or contributing towards paying the cost of a travel escort for a veteran if a medical practitioner certifies, in writing, that the veteran is not fit or 20 able to travel alone.
38 Travel costs of certain persons visiting veteran in long-term hospital care (1) VANZ is responsible for paying or contributing to the reason- (2) able travel costs of the persons specified in subsection (2) 25 who are visiting a veteran who is in long-term hospital care.

The persons are— (a) (b) (c) the veteran’s spouse or partner: any children or dependants of the veteran: any other person if VANZ considers it appropriate to 30 pay or contribute to pay the cost of the person to visit the veteran.
39 Regulations Regulations may be made under section 250 specifying— 35 Part 3 cl 40 Veterans’ Support Bill (a) (b) (c) the maximum amounts payable for travel costs under this subpart: the process for claiming and paying travel costs under this subpart: any other matters for the effective and efficient admin- 5 istration of this subpart.
Subpart 3—Disablement pension Disablement pension 40 (1) A veteran (whether resident in New Zealand or overseas) who suffers disablement as a consequence of injury or illness at- 10 tributed to or aggravated by qualifying service is entitled to receive a disablement pension.
(2) However, a veteran is not entitled to receive a temporary dis- ablement pension unless he or she is either— participating in a rehabilitation plan; or (a) through no fault of the veteran, unable to participate in (b) a rehabilitation plan in relation to the veteran’s service- related injury or illness.
15 Application for disablement pension 41 (1) A veteran becomes entitled to a disablement pension when— 20 (a) (b) the veteran has completed and provided to VANZ an application form provided by VANZ; and the veteran has supplied, in the form required by VANZ, any supporting evidence or information required by VANZ; and VANZ has accepted the application.
(c) If an application is accepted by VANZ, the veteran’s entitle- ment to the disablement pension is to be treated as beginning on the day on which VANZ received the application.

(2) 42 Disablement pension temporary unless specified to be permanent (1) A disablement pension is temporary unless VANZ, when no- tifying a veteran that his or her application for a disablement pension has been accepted, notifies the veteran that his or her disablement pension is permanent.
36 25 30 35 Veterans’ Support Bill Part 3 cl 42 (2) A disablement pension must not be notified as permanent if VANZ, on the basis of medical and other relevant evidence, considers that— (a) (b) the veteran’s condition is likely to improve; or the veteran’s condition has not stabilised or reached its 5 final state.
(3) If a disablement pension is temporary, VANZ must advise a veteran that his or her disablement pension is temporary and must state the date by which the veteran’s disablement is to be reassessed.

VANZ may, if it considers it appropriate in the 10 circumstances, advise the veteran of a later date by which the veteran’s disablement is to be reassessed.
(4) On or before the date specified under subsection (3), VANZ must reassess the veteran’s disablement to determine— (a) the veteran’s disablement pension should be cancelled 15 because the veteran is no longer suffering from a med- ical condition that entitles him or her to receive a dis- ablement pension; or the veteran’s temporary disablement pension should continue because the medical condition that entitles 20 the veteran to receive a disablement pension has not stabilised or reached its final state; or the veteran’s temporary disablement pension should be made permanent because the condition causing the vet- eran’s disablement has stabilised or reached its final 25 state.
(b) (c) (5) (6) (7) To avoid doubt, a veteran’s temporary disablement pension may be made permanent, even though the veteran is assessed at 0% whole-person impairment and therefore not entitled to payment of a disablement pension, on either or both of the 30 following grounds: (a) the need for ongoing medical treatment to deal with the effects of the disablement: the potential for the disablement to return or recur.
(b) If VANZ makes a determination under subsection (4)(b), it 35 must notify the veteran of a further date by which the veteran’s disablement is to be reassessed.

For the purposes of the reassessment under subsection (6), subsection (4) applies with all necessary modifications as if 37 Part 3 cl 43 Veterans’ Support Bill the reference to the date in subsection (3) were a reference to the date specified under subsection (6).
Suspension of temporary disablement pension 43 (1) VANZ may suspend payment of a temporary disablement pen- sion to a veteran if VANZ is unable to complete a reassess- 5 ment of the veteran’s disablement under section 45 because the veteran has, without reasonable excuse, not complied with any reasonable requirement by VANZ for the purpose of com- pleting the reassessment.
(2) However, VANZ must not suspend payment of a temporary 10 disablement pension under subsection (1) unless it has given the veteran not less than 10 days’ notice in writing that it pro- poses to suspend payment of the pension.

44 Treatment and rehabilitation during period of temporary disablement pension VANZ must, in consultation with a veteran whose disablement pension is temporary, prepare a treatment and rehabilitation plan for the veteran to follow.
15 Reassessment of veteran’s disablement 45 (1) VANZ may, from time to time, reassess the disablement of a 20 veteran who is receiving a permanent disablement pension.

(2) A reassessment under subsection (1), must not be undertaken earlier than 2 years— (a) after the veteran’s disablement pension became per- manent; or after the veteran’s last whole-person impairment assess- ment.
25 (b) (3) However, a reassessment may be undertaken earlier if— (a) the veteran provides medical evidence to the satisfac- tion of VANZ that the veteran’s disablement has in- 30 creased significantly; or (b) VANZ considers that the veteran’s disablement has changed significantly.

38 Veterans’ Support Bill Part 3 cl 46 (4) For the purposes of subsection (3), a change in disablement is significant if the change in whole-person impairment is 10% or more.
Lump sum payment for terminal conditions 46 (1) A veteran who is receiving or entitled to receive a disablement 5 pension may elect to— (a) (b) suspend payment of the pension for a period of 12 months; and receive a lump sum payment equal to the aggregate amount of the pension that would otherwise be paid to 10 the veteran during that 12-month period.
(2) A veteran may make an election under subsection (1)— only once if the election is accepted by VANZ; and only if the veteran produces medical evidence to the satisfaction of VANZ that the veteran has a terminal 15 medical condition that is a service-related condition.

(a) (b) (3) (4) (5) Schedule 4 contains a consequential amendment to the In- come Tax Act 2007 that exempts a lump sum payment under this section from income tax.
If, during the 12-month period, the rate of payment of the dis- 20 ablement pension is adjusted, the veteran is entitled to receive an additional lump sum payment equal to the difference be- tween— (a) what the veteran received under subsection (1); and (b) what the veteran would have received under subsec- 25 tion (1) had the adjustment to the rate and the date of the adjustment been taken into account when the lump sum was paid.
If a veteran who receives a lump sum payment under this sec- tion is still alive at the close of the 12-month period referred to 30 in subsection (1)(b), the veteran is entitled to continue to re- ceive the maximum disablement pension on and from the day after the close of that period.
39 Part 3 cl 47 Veterans’ Support Bill 47 Entitlement to disablement pension ceases 28 days after veteran’s death (1) When a veteran who is receiving a disablement pension dies, the entitlement to the pension ceases at the close of the 28th day after the date on which the veteran dies.

This section does not apply in relation to a veteran who has elected to receive a lump sum payment under section 46 and dies during the 12-month period referred to in that section.
(2) 5 48 (1) (2) (3) Rate of disablement pension The rates of the disablement pension are to be set by regula- 10 tions made under section 250.

The regulations must set a rate that is payable in all cases.

The regulations must set an additional rate that is payable in cases of severe disablement.
Transitional provision 49 (1) A veteran who is receiving a war disablement pension under Part 2 of the War Pensions Act 1954 immediately before the commencement of this subpart is entitled to continue receiving the pension as if it were payable under this subpart.
15 (2) A veteran to whom subsection (1) applies may apply for a 20 disablement pension under this subpart and is entitled to re- ceive a disablement pension in respect of any injury or illness for which a war disablement pension was granted to the vet- eran under Part 2 of the War Pensions Act 1954.
(3) However, the rate of payment to a veteran under subsection 25 (1) or (2) must not be less than the rate of payment that the veteran was entitled to receive immediately before the com- mencement of this subpart.

(4) VANZ must assess, in accordance with regulations made under section 250, the degree of whole-person impairment of a vet- 30 eran who applies under subsection (2).
Subsection (2) does not preclude a rate of payment being adjusted if the rate of payment a veteran was receiving imme- diately before the commencement of this subpart— (a) was not a rate of payment to which the veteran was 35 entitled under the War Pensions Act 1954; or (5) 40 Veterans’ Support Bill Part 3 cl 51 (b) is no longer a rate of payment to which the veteran is entitled under this Act.
(6) When a veteran receiving a disablement pension continued by this section dies, the entitlement to the pension ceases on the close of the 28th day after the date on which the veteran dies.
5 Subpart 4—Weekly income compensation 50 Weekly income compensation (1) A veteran (whether resident in New Zealand or overseas) is entitled to weekly income compensation in accordance with this subpart if the veteran is— (a) under the New Zealand superannuation qualification age; and unable to work full-time; and either— (i) (ii) participating in a rehabilitation plan; or through no fault of the veteran, unable to partici- pate in a rehabilitation plan in relation to the vet- eran’s service-related injury or illness; and not receiving any benefit under the Social Security Act 1964.
(b) (c) (d) (2) (3) If a veteran is resident overseas, the veteran is responsible for paying the costs of assessing whether the veteran is unable to work full-time.

In this subpart, unable to work means unable to work as a consequence of injury or illness from whatever cause.
Application for weekly income compensation 51 (1) A veteran becomes entitled to weekly income compensation when— (a) the veteran has completed and provided to VANZ an application form provided by VANZ; and the veteran has supplied, in the form required by VANZ, any supporting evidence or information required by VANZ; and VANZ has accepted the application.
(b) (c) 41 10 15 20 25 30 Part 3 cl 52 Veterans’ Support Bill (2) If an application is accepted by VANZ, the veteran’s entitle- ment to weekly income compensation is to be treated as be- ginning on the day on which VANZ received the application.

Rate of weekly income compensation 52 (1) Weekly income compensation is payable at a rate specified in 5 regulations made under section 250.
The regulations must specify a rate that is 80% of the average wage as defined in section 3(1) of the Social Security Act 1964.

The rate must be adjusted as at 1 April in each year and applies to payments payable on or after that date.

10 15 Entitlement to weekly income compensation ceases if veteran able to work full-time This section applies to a veteran who is under the New Zealand superannuation qualification age and is receiving weekly in- come compensation.
If the veteran has been receiving weekly income compensa- tion for less than 6 months and VANZ assesses the veteran as able to work full-time in employment in which he or she was employed immediately before receiving weekly income com- pensation, the veteran ceases to be entitled to receive weekly 20 income compensation immediately after the assessment.
If the veteran has been receiving weekly income compensa- tion for 6 months or more and VANZ assesses the veteran as able to work full-time in employment in which he or she was employed immediately before receiving weekly income com- 25 pensation, the veteran ceases to be entitled to receive weekly income compensation on the earlier of— (a) the date on which the veteran commences full-time em- ployment; or the expiry of 28 days after the assessment.
(b) If the veteran is not able to work full-time in employment in which he or she was employed immediately before receiving weekly income compensation, but VANZ assesses the veteran as able to undertake other full-time employment, then the vet- eran ceases to be entitled to receive weekly income compen- 35 sation on the earlier of— 30 (2) (3) 53 (1) (2) (3) (4) 42 Veterans’ Support Bill Part 3 cl 55 (a) (b) the date on which the veteran commences full-time em- ployment; or the expiry of 28 days after the assessment.
5 Entitlement to compensation abates if veteran able to work part-time This section applies to a veteran who is under the New Zealand superannuation qualification age and is receiving weekly in- come compensation.
If VANZ assesses the veteran as able to work part-time, the veteran’s entitlement to weekly income compensation is re- 10 duced in accordance with regulations made under section 250, and the reduction takes effect on and from the earlier of— (a) (b) the day on which the veteran begins part-time work; or the expiry of 12 weeks after the veteran receives notifi- 15 cation of VANZ’s assessment.
Relationship between weekly income compensation and New Zealand superannuation or veteran’s pension Subsection (2) applies to a veteran who— (a) first becomes entitled to weekly income compensation 20 before reaching New Zealand superannuation qualifica- tion age; and has been entitled to it for 24 months or longer before reaching that age.

(b) 54 (1) (2) 55 (1) (2) (3) Such a veteran loses his or her entitlement to weekly income 25 compensation on reaching that age.
Subsections (4) and (5) apply to a veteran who first becomes entitled to weekly income compensation 12 months or more, but less than 24 months, before reaching New Zealand super- annuation qualification age.

Such a veteran is entitled to weekly income compensation for 24 months from the date of entitlement to the compensation.
(5) However, the veteran’s entitlement to the compensation is de- pendent on his or her making an election to be entitled, after reaching New Zealand superannuation qualification age, to the 35 (4) 30 43 Part 3 cl 55 Veterans’ Support Bill (6) (7) (8) compensation, rather than to New Zealand superannuation or a veteran’s pension under Part 6.
Subsections (7) and (8) apply to a veteran who first becomes entitled to weekly income compensation— (a) within 12 months before reaching New Zealand super- 5 annuation qualification age; or on or after reaching New Zealand superannuation quali- fication age.

(b) Such a veteran is entitled to the weekly income compensation for a period of 12 months following the later of— (a) the date of reaching New Zealand superannuation quali- fication age; or (b) the date of entitlement to weekly income compensation.
The veteran is then entitled to the weekly income compensa- tion for the next 12 months, if he or she makes an election to be 15 entitled, during those 12 months, to the compensation, rather than to New Zealand superannuation or the veteran’s pension under Part 6.

10 (9) Nothing in this section entitles a veteran to weekly income compensation if he or she is not otherwise entitled to it under 20 this Act.
(10) A veteran must make an election under subsection (5) or (8) within the period that is the later of the following: (a) within 1 month before the date on which the election would take effect; or (b) within 1 month after the veteran has been notified of the amount of the weekly income compensation by VANZ, the review officer, or the appeal board, whichever is applicable in the veteran’s case.
25 (11) VANZ may allow a veteran to exercise or revoke an election 30 under subsection (5) or (8) after the period specified in sub- section (10) has ended, but only if VANZ is satisfied that the veteran’s circumstances have changed significantly since the end of the period.
44 Veterans’ Support Bill Part 3 cl 57 Subpart 5—Retirement lump sum Retirement lump sum 56 (1) A veteran is entitled, on reaching the New Zealand superannu- ation qualification age, to receive a retirement lump sum if— (a) the veteran received weekly income compensation over 5 a 10-year period before the date on which he or she reached the New Zealand superannuation qualification age; and an assessment under section 57 determines that the value of the veteran’s non-exempt assets is less than the 10 applicable asset threshold.
(2) (3) To avoid doubt,— (a) this section applies only to veterans who reach the New Zealand superannuation qualification age on or after the commencement of this section; and the 10-year period referred to in subsection (1) does not have to be a continuous period.

15 In this section, weekly income compensation includes the veteran’s pension, war veteran’s allowance, war service pen- sion, and economic pension payable under the War Pensions 20 Act 1954.
(b) (b) Asset assessment 57 (1) A veteran who applies for a retirement lump sum must also apply for an asset assessment.

(2) An application for an asset assessment must be made on a form 25 provided for the purpose by VANZ.

(3) VANZ must arrange for an asset assessment to be conducted (4) as soon as practicable after receiving an application.

The value of the veteran’s assets is to be assessed as at the date the veteran reached the New Zealand superannuation qualifi- 30 cation age.
(5) An asset assessment must be conducted in accordance with regulations.

45 Part 3 cl 58 Veterans’ Support Bill Regulations relating to this subpart Regulations may be made under section 250 on the recom- mendation of the Minister that specify for the purposes of this subpart— (a) (b) (c) The asset threshold specified under subsection (1)(b) must be increased on 1 July 2015 and on every following 1 July.
the amount of the retirement lump sum payment; and the asset threshold for non-exempt assets; and how an asset assessment is to be conducted.
Subpart 6—Spouses, partners, children, and dependants of veterans Surviving spouse or partner pension Surviving spouse or partner pension Subsection (2) applies in relation to a deceased veteran if— (a) (b) the veteran’s death was service-related; or at the time of the veteran’s death, the veteran was re- ceiving— (i) a permanent war disablement pension under Part 2 of the War Pensions Act 1954 in relation to disablement of 70% or more; or a permanent disablement pension granted under subpart 3 in relation to whole-person impair- ment of 55% or more; or (ii) 5 10 15 20 (c) VANZ considers that, had the veteran not died, the vet- eran would have been eligible to receive a pension spe- 25 cified in paragraph (b)(i) or (ii) (to the extent of im- pairment specified) had he or she applied for it immedi- ately before his or her death.
Subsection (1) does not apply if, immediately before the vet- eran’s death,— (a) the veteran and the claimant were living apart or were not maintaining a relationship in the nature of marriage; and the claimant was not contributing to the veteran’s day- to-day welfare.
(b) 30 35 Subsection (2) does not apply if the circumstances described in the subsection occurred principally because of the health, 58 (1) (2) 59 (1) (2) (3) 46 Veterans’ Support Bill Part 3 cl 61 imprisonment, or employment obligations of the veteran or the claimant.

(4) A spouse or partner of the veteran is entitled to a surviving spouse or partner pension at a rate specified in regulations made under section 250.
5 60 Application for surviving spouse or partner pension (1) A surviving spouse or partner becomes entitled to a surviving (2) spouse or partner pension when— (a) (b) the surviving spouse or partner has completed and pro- vided to VANZ an application form provided by VANZ; 10 and the surviving spouse or partner has supplied, in the form required by VANZ, any supporting evidence or infor- mation required by VANZ; and VANZ has accepted the application.
15 (c) If an application is accepted by VANZ, the surviving spouse’s or partner’s entitlement to a surviving spouse or partner pen- sion is to be treated as beginning on— (a) the day after the veteran’s death, if the application is received by VANZ within 6 months after the veteran’s 20 death; or the day on which VANZ received the application, if the application is received by VANZ more than 6 months after the veteran’s death.
(b) 61 (1) Surviving spouse or partner pension ceases after spouse or partner enters into new relationship If the spouse or partner of a deceased veteran enters into a new relationship, the spouse’s or partner’s entitlement to the surviving spouse or partner pension ceases immediately.
25 (2) However, a spouse or partner who enters into a new relation- 30 ship may elect to receive— (a) a periodic payment for 2 years at the same rate as the surviving spouse or partner pension; or a lump sum equivalent to 2 year’s payments of the sur- viving spouse or partner pension.
35 (b) 47 Part 3 cl 62 Veterans’ Support Bill (4) (3) After an election is made under subsection (2), the entitle- ment to the option elected is to be treated as having begun on the day after the date on which the pension ceases under sub- section (1).

For the purposes of this section, a spouse or partner of a de- 5 ceased veteran enters into a new relationship when, after the veteran’s death, the spouse or partner— (a) marries; or (b) (c) enters into a civil union; or enters into a de facto relationship.
10 62 63 Reinstatement of surviving spouse or partner pension The spouse or partner of a deceased veteran whose entitlement to the surviving spouse or partner pension has ceased under section 61 is entitled to a reinstatement of his or her entitle- ment to the pension if the relationship he or she entered into 15 that caused the termination of the pension under section 61 comes to an end within 5 years after the start of the relation- ship.
Entitlement to surviving spouse or partner pension ceases 28 days after spouse’s or partner’s death When a surviving spouse or partner who is receiving a sur- viving spouse or partner pension dies, the entitlement to the pension ceases at the close of the 28th day after the date on which the surviving spouse or partner dies.
64 Transitional provision (surviving spouse pension) (1) A spouse or partner of a veteran who is receiving a surviving spouse pension under Part 2 of the War Pensions Act 1954, immediately before the commencement of this subpart is en- titled to continue receiving the pension as if it were payable under this subpart.
The rate of payment to a surviving spouse or partner under subsection (1) must not be less than the rate of payment that the surviving spouse or partner was entitled to receive imme- diately before the commencement of this subpart.
(2) 48 20 25 30 Veterans’ Support Bill Part 3 cl 65 (3) Subsection (2) does not preclude a rate of payment being adjusted if the rate of payment a surviving spouse or partner was receiving immediately before the commencement of this subpart— (a) was not a rate of payment to which the surviving spouse 5 or partner was entitled under the War Pensions Act 1954; or is no longer a rate of payment to which the surviving spouse or partner is entitled to under this Act.
(4) When a surviving spouse or partner who is receiving a sur- 10 viving spouse or partner pension dies, the entitlement to the pension ceases at the close of the 28th day after the date on which the surviving spouse or partner dies.

(b) Children’s pension 65 (1) (2) Children’s pension Every child who is under 18 years of age and described in subsection (2) is entitled to a children’s pension at the rate specified in regulations made under section 250.
The children are— (a) a child of a veteran who,— (i) 15 20 immediately before the commencement of this section, was receiving a war disablement pension under Part 2 of the War Pensions Act 1954 in relation to disablement of 70% or more; or is receiving a disablement pension granted under 25 subpart 3 in relation to whole-person impair- ment of 55% or more; or (ii) (b) a child of a deceased veteran, if— (i) (ii) the veteran’s death was service-related; or at the time of the veteran’s death, the veteran was 30 receiving— (A) a permanent war disablement pension under Part 2 of the War Pensions Act 1954 in relation to disablement of 70% or more; or 35 49 Part 3 cl 66 Veterans’ Support Bill (B) a permanent disablement pension granted under subpart 3 in relation to whole-per- son impairment of 55% or more; or (iii) VANZ considers that, had the veteran not died, the veteran would have been eligible to receive 5 a pension or other payment specified in para- graph (b)(ii)(A) or (B) (to the extent of impair- ment specified) had he or she applied for it im- mediately before his or her death.
(3) (4) (5) If the child suffers from any mental or physical infirmity, 10 VANZ may, in its discretion, extend the entitlement beyond the date on which the child turns 18 years of age for as long as the child continues to suffer from the mental or physical infirmity.

If the child is undertaking full-time study, he or she is entitled 15 to continue to receive the children’s pension until the date on which he or she turns 23.
In subsection (4), full-time study has the same meaning as in section 6(1) of the Accident Compensation Act 2001.

Application for children’s pension 66 (1) A child becomes entitled to a children’s pension when— 20 (a) (b) the child has completed and provided to VANZ an ap- plication form provided by VANZ; and the child has supplied, in the form required by VANZ, any supporting evidence or information required by 25 VANZ; and VANZ has accepted the application.
(c) If an application is accepted by VANZ, the child’s entitlement to the children’s pension is to be treated as beginning on— (a) the day on which VANZ received the application, if the 30 veteran is living; or the day after the veteran’s death, if the application is received by VANZ within 6 months after the veteran’s death; or the day on which VANZ received the application, if the 35 application is received by VANZ more than 6 months after the veteran’s death.
(b) (c) (2) 50 Veterans’ Support Bill Part 3 cl 69 67 Entitlement to children’s pension ceases 28 days after child’s death When a child who is receiving a children’s pension dies, the entitlement to the pension ceases at the close of the 28th day after the date on which the child died.
5 (2) Transitional provision (children’s pension) 68 (1) A child of a veteran who is receiving a children’s pension under Part 2 of the War Pensions Act 1954, immediately be- fore the commencement of this subpart is entitled to continue receiving the pension as if it were payable under this subpart.

10 The rate of payment to a child under subsection (1) must not be less than the rate of payment that the child was entitled to re- ceive immediately before the commencement of this subpart.
Subsection (2) does not preclude a rate of payment being ad- justed if the rate of payment a child was receiving immediately 15 before the commencement of this subpart— (a) (3) was not a rate of payment to which the child was entitled under the War Pensions Act 1954; or is no longer a rate of payment to which the child is entitled under this Act.
(b) (4) When a child who is receiving a children’s pension dies, the entitlement to the pension ceases at the close of the 28th day after the date on which the child dies.

Dependant’s pension Dependant’s pension 69 (1) A dependant described in subsection (2) is entitled to receive a dependant’s pension at the rate specified in regulations made under section 250.
The dependants are— (a) (2) a dependant of a veteran who,— (i) immediately before the commencement of this section, was receiving a war disablement pension under Part 2 of the War Pensions Act 1954 in relation to disablement of 70% or more; or 51 20 25 30 Part 3 cl 70 Veterans’ Support Bill (b) 5 (ii) is receiving a disablement pension granted under subpart 3 in relation to whole-person impair- ment of 55% or more; or a dependant of a deceased veteran, if— (i) (ii) the veteran’s death was service-related; or at the time of the veteran’s death, the veteran was receiving— (A) a permanent war disablement pension under Part 2 of the War Pensions Act 1954 in relation to disablement of 70% or more; 10 or a permanent disablement pension granted under subpart 3 in relation to whole-per- son impairment of 55% or more; or (iii) VANZ considers that, had the veteran not died, 15 the veteran would have been eligible to receive a pension or other payment specified in para- graph (b)(ii)(A) or (B) (to the extent of impair- ment specified) had he or she applied for it im- mediately before his or her death.
(B) 20 (3) (4) Regulations made under subsection (1) must— (a) provide for VANZ to be able to take into account a de- pendant’s economic position; and specify a maximum rate that does not exceed the maxi- mum rate payable for the surviving spouse or partner 25 pension.
(b) For the purposes of subsection (3)(a), the regulations— (a) must specify the criteria that VANZ is to take into ac- count in assessing a dependant’s economic position, in- cluding (but not limited to) the property and income of 30 a dependant from all sources; and (b) may specify different rates for different types of eco- nomic circumstances.
Application for dependant’s pension 70 (1) A dependant becomes entitled to a dependant’s pension 35 when— (a) the dependant has completed and provided to VANZ an application form provided by VANZ; and 52 Veterans’ Support Bill Part 3 cl 73 (b) the dependant has supplied, in the form required by VANZ, any supporting evidence or information re- quired by VANZ; and VANZ has accepted the application.
(c) If an application is accepted by VANZ, the dependant’s entitle- 5 ment to the dependant’s pension is to be treated as beginning on— (a) the day on which VANZ received the application, if the veteran is living; or the day after the veteran’s death, if the application is 10 received by VANZ within 6 months after the veteran’s death; or the day on which VANZ received the application, if the application is received by VANZ more than 6 months after the veteran’s death.
15 (b) (c) Entitlement to dependant’s pension ceases 28 days after dependant’s death When a dependant who is receiving a dependant’s pension dies, the entitlement to the pension ceases at the close of the 28th day after the date on which the dependant dies.

20 Certain children not entitled to dependant’s pension A child who is receiving a children’s pension under section 65(3) or (4) is not entitled to receive a dependant’s pension.
(2) 71 72 Transitional provision (dependants) 73 (1) A dependant of a veteran who is receiving a dependant’s pen- 25 sion under Part 2 of the War Pensions Act 1954, immediately before the commencement of this subpart is entitled to con- tinue receiving the pension as if it were payable under this subpart.

The rate of payment to a dependant under subsection (1) 30 must not be less than the rate of payment that the dependant was entitled to receive immediately before the commencement of this subpart.
(2) 53 Part 3 cl 74 Veterans’ Support Bill (3) Subsection (2) does not preclude a rate of payment being adjusted if the rate of payment a dependant was receiving im- mediately before the commencement of this subpart— (a) was not a rate of payment to which the dependant was entitled under the War Pensions Act 1954; or is no longer a rate of payment to which the dependant is entitled under this Act.
(b) 5 (4) When a dependant who is receiving a dependant’s pension dies, the entitlement to the pension ceases at the close of the 28th day after the date on which the dependant dies.

10 Subpart 7—Children’s bursaries Entitlement to children’s bursary Every child described in subsection (2) is entitled to a chil- dren’s bursary if they are undertaking— (a) (b) The children are— (a) (b) full-time study at a secondary school; or full-time or part-time study at a tertiary institution.
children who are entitled to a children’s pension: children of veterans who are receiving weekly income compensation under subpart 4 of this Part or the vet- 20 eran’s pension under Part 6.

15 The entitlement to a children’s bursary ceases at the end of the year in which a child reaches 23 years of age.
The rate of the children’s bursary is to be prescribed in regula- tions made under section 250, and more than 1 rate may be 25 specified for different circumstances In this section, secondary school and tertiary institution have the same meaning as in the Education 1989.

Transitional provision Every child who, immediately before the commencement of 30 this Act, is entitled to a war bursary under the War Pensions Act 1954 retains that entitlement.
For the purposes of subsection (1), the War Pensions Act 1954 continues to apply as if this Act had not been passed.
74 (1) (2) (3) (4) (5) 75 (1) (2) 54 76 77 (1) (2) (3) 78 (1) (2) Veterans’ Support Bill Part 4 cl 78 Part 4 Scheme Two Subpart 1—Preliminary matters Application This Part— (a) 5 applies to the following persons: (i) every veteran with qualifying operational service performed on or after 1 April 1974; and every spouse, partner, child, and dependant of every veteran referred to in subparagraph (i); 10 but (b) does not apply to the following persons: (i) the veterans referred to in section 31(1)(a)(ii) and (iii); and every spouse, partner, child, and dependant of 15 every veteran referred to in subparagraph (i).
(ii) (ii) Application in other circumstances Subsection (2) applies to a claim that— (a) (b) is made by or in relation to a veteran referred to in sec- tion 76(a)(i); and relates to injury, illness, or death that is attributable in part to circumstances before 1 April 1974 and in part to circumstances on or after 1 April 1974.

This Part applies to the claim unless VANZ determines that the claim should be dealt with under Part 3.

This Part does not apply to claims that Part 3 applies to under section 32.
20 25 Purpose of Scheme Two The purpose of Scheme Two is to provide entitlements to vet- erans and other persons who are eligible under section 76 or 30 77.

The entitlements are— (a) vocational services for spouses or partners (subpart 2); and payments for permanent impairment (subpart 3); and weekly compensation (subpart 4); and (b) (c) 35 55 Part 4 cl 79 Veterans’ Support Bill (d) retirement lump sums (subpart 5).
Extent to which entitlements provided by this Part This section specifies the extent to which a veteran has an en- titlement under this Part for injury or illness attributable to or aggravated by qualifying operational service.
If a veteran is a member of the Defence Force and has cover under the Accident Compensation Act 2001,— (a) the Defence Force is responsible for managing the vet- eran’s claim and VANZ is to provide the entitlements in relation to the claim to the extent that the claim comes 10 within an accreditation agreement (if any) between the Defence Force and the Accident Compensation Corpor- ation (ACC): 5 (b) ACC is responsible for managing the veteran’s claim and providing the entitlements in relation to the claim 15 to the extent that the claim is not subject to an accredit- ation agreement (if any) between the Defence Force and ACC.
If a veteran is a member of the Defence Force and does not have cover under the Accident Compensation Act 2001, the 20 Defence Force is responsible for managing the veteran’s claim and VANZ is to provide entitlements in relation to the claim in accordance with this Part.

If a veteran is not a member of the Defence Force and has cover under the Accident Compensation Act 2001, ACC is respon- 25 sible for managing the claim and providing the entitlements in relation to the claim.
If a veteran is not a member of the Defence Force and does not have cover under the Accident Compensation Act 2001, VANZ is responsible for managing the veteran’s claim and 30 providing the entitlements in relation to the claim in accord- ance with this Part.
Subsections (1) to (5) apply subject to any agreement or arrangement between the Defence Force, VANZ, and ACC under which VANZ— (a) manages a veteran’s claim and provides entitlements in 35 relation to the claim; and 79 (1) (2) (3) (4) (5) (6) 56 (7) 80 81 (1) (2) Veterans’ Support Bill Part 4 cl 82 (b) the claim is wholly or in part based on cover under the Accident Compensation Act 2001.
For the purposes of this section, the Defence Force, VANZ, and ACC must co-operate with each other to reduce, to the extent reasonably practicable, any duplication of process or 5 requirements for a veteran referred to in subsection (6).
Subpart 2—Vocational services and assistance for spouse or partner Application of subpart This subpart applies to the spouse or partner of a veteran if the 10 veteran— (a) has an injury or illness— (i) (ii) that results from qualifying operational service; and that makes the veteran unable to work or unable 15 to undertake vocational rehabilitation; or has died and his or her death is service-related.
(b) Spouse or partner entitled to vocational services and assistance The spouse or partner of a veteran to whom this subpart ap- 20 plies is entitled to be provided with vocational services and vocational assistance in accordance with this subpart and regu- lations made under section 250.
The purpose of providing vocational services and vocational assistance under subsection (1) is to reduce the financial im- 25 pact on the veteran’s spouse or partner and any dependants of the veteran of the veteran’s inability to work or undertake vocational rehabilitation or of the veteran’s death (as the case may be).
82 Period for which vocational rehabilitation may be provided (1) VANZ must provide the vocational rehabilitation to the spouse or partner for the minimum period necessary to achieve its purpose, but must not provide any vocational rehabilitation for longer than 3 years (which need not be consecutive).
30 35 57 Part 4 cl 83 Veterans’ Support Bill (2) However, VANZ may, at its discretion, provide vocational re- habilitation for longer than 3 years if VANZ considers that the vocational rehabilitation would be appropriate in the circum- stances.

(3) VANZ must not take into account as a factor against providing 5 vocational rehabilitation that the spouse or partner is, or may be, a person to whom section 96 applies.
83 Assessment of spouse’s or partner’s vocational rehabilitation needs An assessment of a spouse’s or partner’s vocational rehabilita- 10 tion needs must consist of an initial occupational assessment, undertaken by an occupational assessor, to identify the types of work that may be appropriate for the spouse or partner.
Conduct of initial occupational assessment 84 (1) An occupational assessor who is undertaking an initial occu- 15 pational assessment must— (a) take into account information provided by VANZ and the spouse or partner; and discuss with the spouse or partner all the types of work that are available in New Zealand and suitable for the 20 spouse or partner; and consider any comments the spouse or partner makes to the assessor about those types of work.
(b) (c) (2) VANZ must provide to an occupational assessor all the infor- mation that VANZ has that is relevant to an initial occupational 25 assessment.
Report on occupational assessment The occupational assessor must prepare and provide to VANZ a report on the occupational assessment that specifies— (a) the types of work for the purposes of section 83, tak- 30 ing into account the information, discussions, and com- ments refereed to in section 84; and the spouse’s or partner’s work experience; and the spouse’s or partner’s education, including any in- complete formal qualifications; and 35 (b) (c) 85 (1) 58 Veterans’ Support Bill Part 4 cl 87 (d) (e) (f) (g) any work-related training in which the spouse or partner has participated; and all the skills that the assessor has reasonably identified the spouse or partner as having; and all the types of work reasonably identified as suitable 5 for the spouse or partner; and in relation to each type of work, the requirements of that type of work, including any environmental modi- fications that the assessor identifies as necessary to en- able the spouse or partner to function safely in that type 10 of work.
(2) VANZ must provide a copy of the report to the spouse or part- ner.

86 Subpart 3—Payments for permanent impairment Entitlement to payment for permanent impairment This subpart applies to a veteran if the veteran— (a) has an injury or illness that results from qualifying op- erational service; and has a permanent impairment that is due to the injury or 20 illness.
(b) 15 Independence allowance Independence allowance 87 (1) An independence allowance is payable in relation to perman- ent impairment if the injury or illness that caused the perman- 25 ent impairment occurred in the period beginning on 1 April 1974 and ending on the close of 31 March 2002.

(2) An independence allowance is payable at the same rate and for the same levels of impairment as would be payable if a veteran were entitled to the disablement pension under subpart 3 of 30 Part 3.
(3) A veteran may, instead of receiving an independence allow- ance by way of periodic payments, elect to receive a lump sum payment in accordance with regulations made under section 250.

35 59 5 10 15 20 Part 4 cl 88 Veterans’ Support Bill (4) A lump sum payment must not be more than an amount that is equivalent to 5 years of the independence allowance.
88 Extent to which veteran entitled to independence allowance under this subpart and under Accident Compensation Act 2001 (1) A veteran who has cover under the Accident Compensation Act 2001 is not entitled to receive an independence allowance under this subpart and an independence allowance under the Accident Compensation Act 2001 in relation to the same im- pairment.
(2) However, the veteran is entitled to receive from VANZ the difference between the independence allowance payable under this subpart and the independence allowance payable under the Accident Compensation Act 2001.

Lump sum payments Lump sum payments 89 (1) A lump sum is payable in relation to permanent impairment if the injury or illness that caused the permanent impairment occurred on or after 1 April 2002.
(2) A lump sum comprises— the amount that— (i) (a) (ii) is payable to the veteran under the Accident Compensation Act 2001, if the veteran has cover for the impairment under that Act; or if the veteran does not have cover for the impair- 25 ment under that Act, would be payable if the vet- eran’s impairment were covered under that Act; and (b) an additional amount equivalent to 20% of the amount payable under paragraph (a).

30 The amounts payable under subsection (2)(a)(ii) and (b) are payable by VANZ.
Veteran entitled to financial advice in certain circumstances This section applies if— 35 (3) 90 (1) 60 Veterans’ Support Bill Part 4 cl 92 (a) (b) a veteran receives a lump sum for impairment, whether under this Act or the Accident Compensation Act 2001; and the lump sum is equal to or greater than the prescribed amount.
(3) (2) VANZ must provide or meet the cost of providing the vet- eran with financial advice from an authorised financial adviser under the Financial Advisers Act 2008 for the purpose of en- abling the veteran to make an informed decision about invest- ing the lump sum.
Regulations may be made under section 250 that specify— the prescribed amount for the purposes of subsection (a) (1)(b): any limits on the extent to which VANZ provides or meets the cost of providing financial advice: whether VANZ will arrange for the provision of finan- cial advice in all cases or meet the costs of financial ad- vice in all cases or a combination of both.
(b) (c) 5 10 15 (4) To avoid doubt, VANZ is under no liability for advice provided by an authorised financial adviser under this section.

20 91 92 Tax status of impairment payments Impairment payments exempt from income tax Schedule 4 contains a consequential amendment to the In- come Tax Act 2007 that exempts payments of the independ- ence allowance and of lump sums under this subpart from in- 25 come tax.
Subpart 4—Weekly compensation Entitlement to weekly compensation A veteran (whether resident in New Zealand or overseas) is entitled to weekly compensation if the veteran is— (a) under the New Zealand superannuation qualification age; and unable to work because of injury or illness is attributed to or aggravated by qualifying operational service; and either— (i) participating in a rehabilitation plan; or (b) (c) 30 35 61 Part 4 cl 93 Veterans’ Support Bill (ii) through no fault of the veteran, unable to partici- pate in a rehabilitation plan.
Entitlement to compensation ceases or abates if veteran able to work This section applies to a veteran who is under the New Zealand 5 superannuation qualification age and is receiving weekly com- pensation.
If the veteran has been receiving weekly compensation for less than 6 months and VANZ assesses the veteran as able to work full-time in employment in which he or she was employed im- 10 mediately before receiving weekly compensation, the veteran ceases to be entitled to receive weekly compensation immedi- ately after the assessment.
If the veteran has been receiving weekly compensation for 6 months or more and VANZ assesses the veteran as able to work 15 full-time in employment in which he or she was employed im- mediately before receiving weekly compensation, the veteran ceases to be entitled to receive weekly compensation on the earlier of— (a) the date on which the veteran commences full-time em- 20 ployment; or the expiry of 28 days after the assessment.
(b) If the veteran is not able to work full-time in employment in which he or she was employed immediately before receiv- ing weekly compensation, but VANZ assesses the veteran as 25 able to undertake other full-time employment, then the vet- eran ceases to be entitled to receive weekly compensation on the earlier of— (a) the date on which the veteran commences full-time em- ployment; or the expiry of 28 days after the assessment.
(b) If VANZ assesses the veteran as able to work part-time, the veteran’s entitlement to weekly compensation is reduced in accordance with regulations made under section 250, and the reduction takes effect on and from the earlier of— (a) (b) the day on which the veteran begins part-time work; or the expiry of 12 weeks after the veteran receives notifi- cation of VANZ’s assessment.
30 35 93 (1) (2) (3) (4) (5) 62 Veterans’ Support Bill Part 4 cl 96 94 Extent to which veteran entitled to weekly compensation under this subpart and under Accident Compensation Act 2001 (1) A veteran who has cover under the Accident Compensation Act 2001 is not entitled to receive weekly compensation under 5 this subpart and under the Accident Compensation Act 2001.
(2) However, the veteran is entitled to receive from VANZ the difference between the weekly compensation payable under this subpart and under the Accident Compensation Act 2001.

95 Weekly compensation is income for purposes of Income 10 Tax Act 2007 Schedule 4 contains a consequential amendment to the In- come Tax Act 2007 that makes payments of weekly compen- sation under this subpart income for the purposes of that Act.
96 (1) Relationship between weekly compensation and New Zealand superannuation or veteran’s pension Subsection (2) applies to a veteran who— (a) first becomes entitled to weekly compensation before reaching New Zealand superannuation qualification age; and has been entitled to it for 24 months or longer before reaching that age.

(b) 15 20 (3) (2) Such a veteran loses his or her entitlement to weekly compen- sation on reaching that age.
Subsections (4) and (5) apply to a veteran who first becomes 25 entitled to weekly compensation 12 months or more, but less than 24 months, before reaching New Zealand superannuation qualification age.

Such a veteran is entitled to weekly compensation for 24 months from the date of entitlement to the compensation.
(5) However, the veteran’s entitlement to the compensation is de- pendent on his or her making an election to be entitled, after reaching New Zealand superannuation qualification age, to the compensation, rather than to New Zealand superannuation or a veteran’s pension under Part 6.
(4) 35 30 63 Part 4 cl 97 Veterans’ Support Bill (6) (7) (8) Subsections (7) and (8) apply to a veteran who first becomes entitled to weekly compensation— (a) within 12 months before reaching New Zealand super- annuation qualification age; or on or after reaching New Zealand superannuation quali- 5 fication age.
(b) Such a veteran is entitled to the weekly compensation for a period of 12 months following the later of— (a) the date of reaching New Zealand superannuation quali- fication age; or (b) the date of entitlement to weekly compensation.

The veteran is then entitled to the weekly compensation for the next 12 months, if he or she makes an election to be en- titled, during those 12 months, to the compensation, rather than to New Zealand superannuation or a veteran’s pension 15 under Part 6.
10 (9) Nothing in this section entitles a veteran to weekly compensa- tion if he or she is not otherwise entitled to it under this Act.
(10) A veteran must make an election under subsection (5) or (8) within the period that is the later of the following: (a) within 1 month before the date on which the election would take effect; or 20 (b) within 1 month after the veteran has been notified of the amount of the weekly compensation by VANZ, the review officer, or the appeal board, whichever is applic- 25 able in the veteran’s case.
(11) VANZ may allow a veteran to exercise or revoke an election under subsection (5) or (8) after the period specified in sub- section (10) has ended, but only if VANZ is satisfied that the veteran’s circumstances have changed significantly since the 30 end of the period.
Subpart 5—Retirement lump sum Retirement lump sum 97 (1) A veteran is entitled, on reaching the New Zealand superannu- ation qualification age, to receive a retirement lump sum if— 35 the veteran received weekly compensation over a (a) 10-year period before the date on which he or she 64 Veterans’ Support Bill Part 4 cl 99 (b) reached the New Zealand superannuation qualification age; and an assessment under section 98 determines that the value of the veteran’s non-exempt assets is less than the applicable asset threshold.
5 To avoid doubt,— (a) this section applies only to veterans who reach the New Zealand superannuation qualification age on or after the commencement of this section; and the 10-year period referred to in subsection (1) does 10 not have to be a continuous period.

(b) In this section, weekly compensation includes the veteran’s pension, war veteran’s allowance, war service pension, and economic pension payable under the War Pensions Act 1954.
(2) (3) Asset assessment 98 (1) A veteran who applies for a retirement lump sum must also 15 apply for an asset assessment.

(2) An application for an asset assessment must be made on a form provided for the purpose by VANZ.

(3) VANZ must arrange for an asset assessment to be conducted 20 (4) as soon as practicable after receiving an application.

The value of the veteran’s assets is to be assessed as at the date on which the veteran reached the New Zealand superannuation qualification age.
(5) An asset assessment must be conducted in accordance with 25 regulations.

99 (1) (2) Regulations relating to this subpart Regulations may be made under section 250 on the recom- mendation of the Minister that specify for the purposes of this subpart— (a) (b) (c) The asset threshold specified under subsection (1)(b) must be increased on 1 July 2016 and on every following 1 July.
the amount of the retirement lump sum payment; and the asset threshold for non-exempt assets; and how an asset assessment is to be conducted.

30 35 65 5 10 Part 5 cl 100 Veterans’ Support Bill Part 5 Entitlements common to Scheme One and Scheme Two Subpart 1—Application and purpose 100 Application This Part applies to veterans to whom Part 3 or 4 applies.
101 Purpose of this Part (1) (2) The purpose of this Part is to provide additional entitlements to, or in respect of, veterans to whom Scheme One or Scheme Two applies.

The entitlements are— (a) medical treatment (subpart 2); and (b) rehabilitation for veterans (subpart 3 and Schedule 2); and participation in the veterans’ independence programme 15 (subpart 4); and aids and appliances (subpart 5); and (d) (e) motor vehicle loans (subpart 6); and (f) funeral grants (subpart 7).
(c) Subpart 2—Medical treatment 20 102 Medical treatment (1) VANZ is responsible for paying or contributing towards pay- ing the cost of medical treatment of a veteran’s injury or illness if the injury or illness is service-related.
(2) However, VANZ is not responsible for paying or contributing 25 to the cost of medical treatment if— (a) the veteran is a member of the armed forces and the Defence Force is paying or contributing to the cost of the veteran’s medical treatment; or treatment the medical Zealand Public Health and Disability Act 2000; or ACC is paying or contributing to the cost of the vet- eran’s medical treatment.
is available under the New 30 (b) (c) 66 Veterans’ Support Bill Part 5 cl 104 103 Extent to which VANZ responsible for paying or contributing to cost of medical treatment (2) (1) As soon as practicable after accepting an application for pay- ment or contribution to payment of the costs of medical treat- ment under this subpart, VANZ must decide what medical 5 treatment VANZ will pay for or contribute towards paying for.
In making a decision under subsection (1), VANZ must take into account the following matters: (a) (b) the nature and severity of the injury or illness: the generally accepted means of treating the injury or 10 illness in New Zealand: any other means of treating the injury or illness in New Zealand: (c) (d) whether the treatment sought is necessary, appropriate, (e) (f) and of the quality required to treat the injury or illness: 15 whether the treatment will be provided only on the num- ber of occasions necessary: whether the treatment is of a type normally provided by the treatment provider for the injury or illness con- cerned: 20 (g) whether the treatment provider is sufficiently qualified and experienced to provide the treatment required.
104 Application for additional treatment (1) This section applies to a veteran if the veteran is receiving medical treatment for a service-related injury or illness and 25 VANZ is paying or contributing towards paying the cost of treatment for the injury or illness.

The veteran may apply to VANZ— (a) to increase the amount VANZ is paying for or contribut- ing towards paying the cost of treatment; or to include additional treatment; or to do both.
(b) (c) In deciding whether to grant an application under subsection (2), VANZ must take into account the matters specified in sec- tion 103(2).

30 35 (2) (3) 67 Part 5 cl 105 Veterans’ Support Bill 105 Approval of VANZ required before treatment begins (1) VANZ is not responsible for paying or contributing to the cost of treatment under this subpart unless it has given its prior approval to the treatment being provided.
(2) However, subsection (1) does not apply where VANZ is sat- 5 isfied that treatment had to be provided in an emergency and it was not practicable to obtain VANZ’s prior approval.

106 Transport costs associated with medical treatment (1) VANZ is responsible for paying the costs of transport reason- ably required by the veteran in order to receive medical treat- 10 ment that VANZ is responsible for paying or contributing to the cost of.
The extent to which VANZ is responsible for paying the costs of transport under subsection (1) is to be specified in regula- tions made under section 250.
15 (2) (3) Despite subsection (1), the extent to which VANZ is respon- sible for paying costs of transport for medical treatment of a veteran to whom Part 3 applies is to continue in accordance with sections 36 to 39 Subpart 3—Rehabilitation 20 107 Appointment of case manager (1) As soon as practicable after accepting a veteran’s claim for entitlements under Part 3 or 4 (whether for full entitlements or partial entitlements), VANZ must appoint a case manager.
(2) VANZ may appoint a case manager under subsection (1) 25 before accepting a veteran’s claim in relation to entitlements under Part 4— (a) if reasonably satisfied that the veteran’s injury or illness in respect of which the veteran’s claim is made is ser- vice-related; but only in relation to the provision of entitlements for re- habilitation.
30 (b) The functions of a case manager are— (a) to ensure that a rehabilitation plan is prepared,— (i) in the case of a veteran who has been granted an 35 entitlement under Part 3; or (3) 68 Veterans’ Support Bill Part 5 cl 109 (b) (c) (ii) in the case of a veteran who is claiming full en- titlements under Part 4; and to liaise with ACC as to whether VANZ or ACC should prepare a rehabilitation plan, in the case of a veteran who is not claiming full entitlements under Part 3 or 5 4; and if, under paragraph (b), it is decided that— (i) VANZ should prepare the rehabilitation plan, to ensure a rehabilitation plan is prepared; or (ii) ACC should prepare the rehabilitation plan, to 10 liaise with ACC about the rehabilitation plan that ACC is preparing.
108 General duty of VANZ (1) VANZ must take all reasonable and practicable steps to assist a (2) veteran to achieve the maximum level of rehabilitation, having 15 regard to the nature and extent of the veteran’s disablement.

If, under section 107, ACC is to draw up a rehabilitation plan— (a) VANZ must act under subsection (1) in accordance with that plan; and 20 (b) VANZ’s obligations under this subpart apply in relation to rehabilitation not covered by the rehabilitation plan prepared by ACC.
Individual rehabilitation plan 109 VANZ to determine need for rehabilitation plan 25 Within 13 weeks after VANZ accepts a veteran’s claim for entitlements under Part 3 or 4, VANZ— (a) must— (i) determine whether the veteran is likely to need social or vocational rehabilitation after the 13 30 weeks have ended; and if so, prepare an individual rehabilitation plan in consultation with the veteran; and (ii) (b) may include in the plan provision for treatment.
69 Part 5 cl 110 Veterans’ Support Bill 110 Provision of rehabilitation before and after individual (1) rehabilitation plan agreed Before an individual rehabilitation plan for a veteran is agreed, VANZ is responsible for providing the veteran with— (a) social rehabilitation that VANZ considers suitable for 5 the veteran and necessary in the circumstances, having regard to the purpose in section 113; and vocational rehabilitation that VANZ considers suitable for the veteran and appropriate in the circumstances, having regard to the purpose in section 118.
(b) 10 (2) VANZ may provide rehabilitation under subsection (1) be- fore— (a) (b) any assessment of the veteran is undertaken or com- pleted for the purposes of this Part; or starting or concluding its consideration of the matters 15 specified in section 121(1).

(3) To avoid doubt, subsections (1) and (2) do not prevent the provision of treatment before an individual rehabilitation plan is agreed.
(4) After an individual rehabilitation plan for the veteran is agreed, 20 VANZ is responsible for providing the veteran with rehabili- tation in accordance with the plan and Schedule 2, but only to the extent that VANZ has specified which services it will provide under the plan.
111 Assessment of needs and content of individual (1) rehabilitation plan In preparing an individual rehabilitation plan, VANZ must as- sess the veteran’s needs for rehabilitation, having regard to the purposes in sections 113 and 118.
(2) An individual rehabilitation plan must— (a) (b) (c) (d) identify the veteran’s needs for rehabilitation; and identify the assessments to be done; and identify services appropriate to those needs, whether or not VANZ is responsible for providing any or all of those services; and specify which of the services identified under para- graph (c) VANZ will provide, pay for, or contribute to.
25 30 35 70 Veterans’ Support Bill Part 5 cl 114 (3) For the purposes of subsection (2)(a), VANZ must assess a veteran’s needs for— (a) social rehabilitation under section 117 and clauses 13 to 22 of Schedule 2; and for vocational rehabilitation under sections 123 to 5 130.

(b) (4) However, VANZ is not required to assess a veteran’s needs under subsection (3)(b) if the veteran’s needs are solely re- lated to maintaining employment.
112 Individual rehabilitation plan must be updated A case manager must ensure that an individual rehabilitation plan is updated from time to time to reflect the outcome of assessments done and progress made under the plan.

Social rehabilitation 113 Purpose of social rehabilitation The purpose of social rehabilitation is to assist in restoring a veteran’s independence to the maximum extent practicable.
10 15 114 VANZ’s responsibility to provide key aspects of social (1) (2) rehabilitation In this section, key aspect of social rehabilitation means any 20 of the following: (a) (b) (c) (d) (e) (f) (g) (h) Terms in subsection (1)(a), (b), and (d) to (h) have the same 30 meaning as in clause 12 of Schedule 2. aids and appliances: attendant care: child care: education support: home help: modifications to the home: training for independence: transport for independence.
25 (3) VANZ is responsible for providing a key aspect of social re- habilitation to a veteran— (a) if the conditions in subsection (4) are met; but 71 Part 5 cl 115 Veterans’ Support Bill (4) (b) not earlier than a date determined in accordance with section 116.
The conditions are— (a) a veteran is assessed or reassessed under section 117 as needing the key aspect; and the provision of the key aspect is in accordance with VANZ’s assessment of it under whichever of clauses 13 to 21 of Schedule 2 are relevant; and VANZ considers that the key aspect— (i) (b) (c) 5 is required as a direct consequence of the injury 10 or illness for which the veteran has entitlements under Part 3 or 4; and is for the purpose set out in section 113; and is necessary and appropriate, and of the quality required, for that purpose; and is of a type normally provided by a rehabilitation provider; and 15 (ii) (iii) (iv) (d) the provision of the key aspect has been agreed in the veteran’s individual rehabilitation plan, if a plan has been agreed.
20 (5) This section is subject to any regulations made under section 251.
115 VANZ may provide other social rehabilitation (1) VANZ may provide any other social rehabilitation if— (a) (b) (c) it is required as a direct consequence of the injury or 25 illness for which the veteran has entitlements under this Part; and the veteran is assessed or reassessed under section 117 as needing it; and VANZ considers that it is— (i) (ii) for the purpose set out in section 113; and necessary and appropriate, and of the quality re- quired, for that purpose; and of a type normally provided by a rehabilitation provider; and (iii) 35 30 (d) its provision has been agreed in the veteran’s individual rehabilitation plan, if a plan has been agreed.
72 Veterans’ Support Bill Part 5 cl 117 (2) This section is subject to any regulations made under sections 251 and 252.

116 Date of entitlement to social rehabilitation (1) This section applies to the provision of social rehabilitation that VANZ— (a) (b) is responsible for providing under section 114; or has decided to provide under section 115.
(2) VANZ is responsible for providing social rehabilitation on the 5 later of— (a) (b) the date on which the application for the social rehabili- 10 tation is made; or if the need for the social rehabilitation is assessed to arise after the date of the application, the date when it is assessed to arise.
(3) However, if VANZ considers that, in the veteran’s circum- 15 stances, it would be unreasonable for the veteran to have made an earlier application, it may begin providing social rehabili- tation to the veteran on and from another date that it considers reasonable.

Subsection (3) does not entitle a veteran to entitlements that 20 the veteran would not have been entitled to had the application been made earlier.
(4) 117 Assessment and reassessment of need for social rehabilitation (1) An assessment under this section assesses a veteran’s need for 25 social rehabilitation and identifies the specific social rehabili- tation that the veteran needs.

(2) Assessments and reassessments must be undertaken by asses- sors appointed under section 199.
(3) A veteran’s need for social rehabilitation— 30 (a) may be reassessed from time to time; and (b) must be reassessed if VANZ considers that the veteran’s condition or circumstances have changed.
(4) The matters to be taken into account in an assessment or re- assessment include— 35 73 Part 5 cl 118 Veterans’ Support Bill (a) (b) (c) (d) (e) (f) (g) (h) (i) the level of independence a veteran had before suffering the injury or illness: the level of independence a veteran has after suffering the injury or illness: the limitations suffered by a veteran as a result of the 5 injury or illness: the kinds of social rehabilitation that are appropriate for a veteran to minimise those limitations: the rehabilitation outcome that would be achieved by providing particular social rehabilitation: the alternatives and options available for providing par- ticular social rehabilitation so as to achieve the relevant rehabilitation outcome in the most cost-effective way: any social rehabilitation (not provided as vocational re- habilitation) that may reasonably be provided to enable 15 a veteran who is entitled to vocational rehabilitation to participate in employment: the geographical location in which a veteran lives: in the case of a reassessment,— (i) whether any item that VANZ provided for the 20 purposes of social rehabilitation is in such a con- dition as to need replacing: changes in the veteran’s condition or circum- stances since the last assessment was undertaken.
(ii) 10 (5) VANZ must provide to an assessor all information VANZ has 25 that is relevant to the assessment.

Vocational rehabilitation 118 Purpose of vocational rehabilitation (1) The purpose of vocational rehabilitation is to help a veteran to, as appropriate,— (a) maintain employment; or (b) (c) obtain employment; or regain or acquire vocational independence.
(2) Without limiting subsection (1), the provision of vocational 30 rehabilitation includes the provision of activities for the pur- 35 pose of maintaining or obtaining employment that is— (a) suitable for the veteran; and 74 Veterans’ Support Bill Part 5 cl 120 (b) appropriate for the veteran’s levels of training and ex- perience.
119 VANZ responsible for providing vocational rehabilitation (1) VANZ is responsible for providing vocational rehabilitation to a veteran who— (a) (b) has suffered an injury or illness for which he or she has entitlements under Part 3 or 4; and is— (i) entitled to weekly income compensation or weekly compensation; or likely, unless he or she has vocational rehabilita- tion, to be entitled to weekly income compensa- tion or weekly compensation; or on parental leave.
(ii) (iii) 5 10 (2) Despite subsection (1)(b)(i), VANZ is responsible for pro- 15 viding vocational rehabilitation to a person who was entitled to weekly compensation and who would, but for section 96, continue to be entitled to weekly income compensation or weekly compensation.

120 Matters to be considered in deciding whether to provide 20 (1) (2) vocational rehabilitation In deciding whether to provide vocational rehabilitation, VANZ must have regard to the matters in section 121.
In deciding what vocational rehabilitation is appropriate for the veteran to achieve the purpose of vocational rehabilitation 25 under section 118,— (a) VANZ must consider whether it is reasonably practic- able to return the veteran to the same employment in which the veteran was engaged, and with the employer who was employing the veteran, when the veteran’s in- 30 capacity commenced; and if it is not, VANZ must consider the following matters: whether it is reasonably practicable to return the (i) veteran to an employment of a different kind with that employer: 35 (b) (ii) whether it is reasonably practicable to return the veteran to the employment in which the veteran 75 Part 5 cl 121 Veterans’ Support Bill was engaged when the veteran’s incapacity com- menced, but with a different employer: (iii) whether it is reasonably practicable to return the veteran to a different employment with a differ- ent employer, in which the veteran is able to use 5 his or her experience, education, or training: (iv) whether it is reasonably practicable to help the veteran use as many of his or her pre-injury skills as possible to obtain employment.
121 Further matters to be considered in deciding whether to 10 (1) provide vocational rehabilitation In deciding whether to provide vocational rehabilitation, VANZ must have regard to— (a) whether the vocational rehabilitation is likely to achieve its purpose under the veteran’s individual rehabilitation 15 plan; and (b) whether the vocational rehabilitation is likely to be cost- effective, having regard to the likelihood that costs of entitlements under this Act will be reduced as a result of the provision of vocational rehabilitation; and whether the vocational rehabilitation is appropriate in the circumstances.
(c) 20 (2) VANZ must provide the vocational rehabilitation for the min- imum period necessary to achieve its purpose, but must not provide any vocational rehabilitation for longer than 3 years 25 (which need not be consecutive).
(3) However, VANZ may, at its discretion, provide vocational re- habilitation for longer than 3 years if VANZ considers that— the vocational rehabilitation would be likely to achieve (a) its purpose under the veteran’s individual rehabilitation 30 plan; and the vocational rehabilitation would be likely to be cost- effective, having regard to the likelihood that costs of entitlements under this Act will be reduced as a result of the provision of vocational rehabilitation; and the vocational rehabilitation would be appropriate in the circumstances.
(b) (c) 35 76 Veterans’ Support Bill Part 5 cl 124 (4) Despite subsections (1)(b) and (3)(b), VANZ must not take into account as a factor against providing vocational rehabili- tation that the veteran is, or may become, a person to whom section 55 or 96 (relationship between weekly compensation and New Zealand superannuation) applies.

This section is subject to any regulations made under section 251.
(5) 5 122 Vocational rehabilitation may start or resume if circumstances change (1) VANZ may, at any time, decide whether or not there has been 10 a change of circumstances affecting the veteran’s need for vo- cational rehabilitation.

If VANZ decides that there has been such a change, VANZ and the veteran may agree to the modification of the veteran’s indi- vidual rehabilitation plan to reflect the changed circumstances.
15 (2) (3) VANZ may resume providing vocational rehabilitation under the veteran’s individual rehabilitation plan, with any agreed modifications, to a veteran who— (a) (b) (c) had vocational rehabilitation; and as a result, obtained employment; but is unable to maintain the employment because of his or her incapacity.

(4) This section is subject to section 121(2) and (3).
20 123 Assessment of veteran’s vocational rehabilitation needs An assessment of a veteran’s vocational rehabilitation needs 25 must consist of— (a) an initial occupational assessment to identify the types of work that may be appropriate for the veteran; and an initial medical assessment to determine whether the types of work identified under paragraph (a) are, or 30 are likely to be, medically sustainable for the veteran.
(b) 124 Occupational assessor An occupational assessment must be undertaken by an asses- sor appointed under section 199 whom VANZ considers has 77 Part 5 cl 125 Veterans’ Support Bill the appropriate qualifications and experience to do the assess- ment required in the particular case.
125 Conduct of initial occupational assessment (1) An occupational assessor who undertakes an initial occupa- tional assessment must— (a) take into account information provided by VANZ and the veteran; and discuss with the veteran all the types of work that are available in New Zealand and suitable for the veteran; and consider any comments the veteran makes to the asses- sor about those types of work.
(b) (c) 5 10 (2) In considering the suitability of the types of work referred to in subsection (1)(b), the occupational assessor may take into account, among other things, the veteran’s earnings before the 15 veteran’s incapacity.

(3) VANZ must provide to an occupational assessor all informa- tion VANZ has that is relevant to an initial occupational as- sessment.
(2) 126 Report on initial occupational assessment (1) The occupational assessor must prepare and provide to VANZ a report on the initial occupational assessment.

The report must— (a) identify the types of work for the purposes of section 123(a); and take into account the information, discussions, and comments referred to in section 125(1).

(3) VANZ must provide a copy of the report to the veteran and the (b) medical assessor.
127 Medical assessor A medical assessment must be undertaken by a medical prac- titioner appointed under section 199 whom VANZ considers has the appropriate qualifications and experience to do the as- sessment in the particular case.
78 20 25 30 Veterans’ Support Bill Part 5 cl 129 128 Assessments when medical assessor unavailable (1) A medical practitioner who does not qualify under section 199 may undertake a medical assessment if VANZ is satisfied that— (a) (b) the circumstances in subsection (2) exist; and the medical practitioner’s qualifications and experience are broadly comparable with the qualifications and ex- perience specified in section 199.
5 (2) The circumstances are that— (a) a medical practitioner who does qualify under section 10 199 is not available to undertake a medical assessment without unreasonable delay or unreasonable inconve- nience to the veteran; and the delay or inconvenience would have an adverse effect on providing vocational rehabilitation to the veteran.

15 (b) (3) Sections 129 and 130 apply to a medical practitioner who qualifies under this section to undertake a medical assessment.
129 Conduct of initial medical assessment (1) A medical assessor who undertakes an initial medical assess- ment must take into account— (a) (b) information provided to the assessor by VANZ; and any of the following reports, information, or comments provided to the assessor: (i) medical reports requested by VANZ before the individual rehabilitation plan was prepared: any other relevant medical reports; and (ii) the report of the occupational assessor on the initial oc- cupational assessment; and the medical assessor’s clinical examination of the vet- eran; and any other information or comments that the veteran re- quests the medical assessor to take into account and that the medical assessor decides are relevant.
(c) (d) (e) 20 25 30 (2) The medical assessor must also take into account any condi- tion suffered by the veteran that is not related to the veteran’s 35 injury or illness.

(3) VANZ must provide to a medical assessor all information VANZ has that is relevant to an initial medical assessment.

79 Part 5 cl 130 Veterans’ Support Bill 130 Report on initial medical assessment (1) The medical assessor must prepare and provide to VANZ a report on the initial medical assessment.
The report must— (a) contain the determination required by section 123(b); 5 and take into account the matters referred to in section 129.

(b) (2) (3) VANZ must provide a copy of the report to the veteran.

Subpart 4—Veterans’ independence programme 131 VANZ to establish and administer veterans’ independence 10 programme VANZ must establish and administer a veterans’ independence programme (the programme) in accordance with this subpart.
132 Purpose of programme The purpose of the programme is to provide services and sup- port to veterans to the extent that they cannot undertake activ- ities that are required in order for them to live independently in their normal residence.

133 Scope of programme Services and support under the programme are to be provided to a veteran with qualifying service to the extent assessed by VANZ and subject to any limits specified in regulations made under section 250.
15 20 134 Extent to which services and support to be provided 25 under programme (1) A veteran who is entitled to receive impairment compensation under Part 3 or 4 is entitled to apply for all types of services and support provided under the programme.
(2) A veteran who is not entitled to impairment compensation 30 under Part 3 or 4 may apply for all types of services and support provided under the programme, but the provision of services and support is at the discretion of VANZ and is to be 80 Veterans’ Support Bill Part 5 cl 137 determined in accordance with criteria specified in regulations made under section 250.
135 Application for services and support (1) A veteran becomes entitled to services and support when— (a) (b) the veteran has completed and provided to VANZ an 5 application form provided by VANZ; and the veteran has supplied, in the form required by VANZ, any supporting evidence or information required by VANZ; and VANZ has accepted the application.
(c) If an application is accepted by VANZ, the veteran’s entitle- ment to the services and support applied for is to be treated as beginning on the day on which VANZ received the applica- tion.

10 (2) 136 Surviving spouse or partner (1) 15 This section applies to the surviving spouse or partner of a deceased veteran, if the veteran was receiving or was entitled to receive services and support under the programme before his or her death.
For the period of 12 months after the veteran’s death, his or her 20 spouse or partner is entitled to receive services and support under the programme to the same extent as the veteran was entitled to.

Subsection (4) applies to the spouse or partner of a deceased veteran who was receiving services and supports under the 25 case management programme operated by VANZ before the commencement of this subpart.
For the period of 12 months after the commencement of this subpart, the spouse or partner of a deceased veteran is entitled to receive the services and support under the programme to 30 the same extent as the veteran was receiving under the case management programme.
(2) (3) (4) 137 Regulations Regulations may be made under section 250 that specify— 81 Part 5 cl 138 Veterans’ Support Bill (a) (b) (c) the services and support provided under the pro- gramme: the criteria for the purposes of section 134(2): any other matters necessary or desirable for the effective and efficient administration of the programme.
5 Subpart 5—Regulations relating to aids and appliances 138 Regulations relating to aids and appliances Regulations may be made under section 250 that— (a) specify limits on the cost of providing or contributing 10 to the cost of providing aids and appliances; and provide for the payment of a weekly battery allowance payable to veterans using hearing aids approved by VANZ.
(b) Subpart 6—Motor vehicle loans 15 139 Interpretation In this subpart, motor vehicle— (a) (b) includes a mobility device as defined in section 2(1) of the Land Transport Act 1998; but does not include a vehicle that the director has declared 20 is not a motor vehicle under section 168A of the Land Transport Act 1998.
140 Eligibility for motor vehicle loans (1) A veteran with total lower body mobility impairment or with severe lower body mobility impairment may apply to VANZ 25 for a loan to be applied to the cost of a motor vehicle owned or to be purchased by the veteran for his or her personal transport.

(2) A veteran with total lower body mobility impairment may apply for more than 1 loan, but not at intervals of less than 5 years.
30 (3) A veteran with severe lower body mobility impairment may apply for a loan, but only once.
82 Veterans’ Support Bill Part 5 cl 143 141 Regulations relating to motor vehicle loans Regulations may be made under section 250 specifying— (a) criteria for determining whether a loan should be granted: the maximum amount of a loan, including specifying 5 different maximums in different circumstances: whether security for a loan is required and, if so, the form of the security: any other matter for the effective and efficient adminis- tration of this subpart.
(b) (c) (d) 10 Subpart 7—Funeral grants 142 Application (1) Section 143 applies in relation to the death of a veteran if the death is attributable to qualifying service.

Section 144 applies in relation to the death of a veteran if the 15 death is not attributable to qualifying service.

(2) (2) (3) 143 Funeral expenses if death due to qualifying service (1) VANZ may pay or contribute to the payment of the expenses of the funeral and burial or cremation of the veteran.
The maximum amount payable under subsection (1) is to be 20 specified in regulations made under section 250.

If the veteran dies in hospital and his or her burial or cremation is to take place in the locality where the veteran was admitted to hospital, VANZ is responsible for paying the reasonable cost of transferring the body.
If the veteran dies in hospital and his or her burial or cremation is to take place outside the locality where the veteran was ad- mitted to hospital, VANZ is responsible for paying the lesser of— (a) (4) 25 the reasonable cost of transporting the body to the place 30 of burial or cremation; or an amount equivalent to the reasonable cost of trans- porting the body to the locality from where the veteran was admitted to hospital.
(b) 83 Part 5 cl 144 Veterans’ Support Bill 144 Funeral expenses if death not due to qualifying service (1) VANZ may pay a reasonable amount in respect of the funeral and burial or cremation of a veteran whose death is not at- tributable to qualifying service if subsection (2) applies.
This subsection applies if— (a) (2) 5 the veteran was, at the time of death, receiving any of the following pensions or entitlements: (i) (ii) weekly compensation under Part 4: (iii) weekly income compensation under Part 3: veteran’s pension under Part 6 of this Act or Part 10 6 of the War Pensions Act 1954: (b) (iv) New Zealand Superannuation: (v) a supported living payment under the Social Se- curity Act 1964; and the veteran leaves a surviving spouse or partner, or a 15 child or children, or dependants, who will, in the opin- ion of VANZ be entitled to— (i) (ii) a pension under section 59, 65, or 69; or a survivor’s grant under clause 59 of Schedule 2 or weekly compensation under clause 60 or 20 65 of Schedule 2.
(3) The maximum amount payable under subsection (1) is to be specified in regulations made under section 250.
Part 6 Veteran’s pension Preliminary provisions 25 Interpretation In this Part, unless the context otherwise requires,— dependent child, in relation to any person, means a child— (a) whose care is primarily the responsibility of that person; 30 and (b) who is being maintained as a member of that person’s family; and who is financially dependent on that person; and (c) (d) who is not a child in respect of whom payments are 35 being made under section 363 of the Children, Young Persons, and Their Families Act 1989 145 (1) 84 Veterans’ Support Bill Part 6 cl 145 employment income— (a) means any salary, wage, allowance, bonus, gratuity, ex- tra salary, compensation for loss of office or employ- ment, emolument (of whatever kind), or other benefit in money, for, or in connection with, the employment 5 or service of the person; and includes,— (i) (b) (ii) (iii) 10 subject to paragraph (c), any expenditure on account of an employee (within the meaning of section YA 1 of the Income Tax Act 2007); and any benefit of a kind referred to in section CE 1(1)(d) of the Income Tax Act 2007; and in the case of a person who, in the relevant period, has been provided, in respect of any office or pos- ition held by the person, with board or lodging (or 15 the use of a house or quarters) or has been paid an allowance instead of being provided with board or lodging (or with the use of a house or quar- ters), the value of those benefits (and the value of the benefits is to be determined, in the case of a 20 dispute, by VANZ); but (c) does not include any employer’s superannuation con- tribution (within the meaning of section YA 1 of the In- come Tax Act 2007) income has the same meaning as in section 3(1) of the Social 25 Security Act 1964 Income Test 3 means that the applicable rate of veterans’ pen- sion must be reduced by 70 cents for every $1 of the combined income of the person receiving a veteran’s pension and his or her spouse or partner that is in excess of $100 per week living alone, in relation to a single person, has the
 meaning given to it by section 146 New Zealand superannuation means New Zealand super- annuation paid or payable under the New Zealand Superannu- ation and Retirement Income Act 2001 ordinarily resident, in relation to any person, does not include being unlawfully resident in New Zealand 35 30 85 Part 6 cl 145 Veterans’ Support Bill relationship (partner not receiving superannuation or pen- sion) legacy rate means the rate of a veteran’s pension speci- fied in regulations that is payable to a person— (a) who is married or in a civil union or in a de facto rela- tionship; and (b) whose spouse or partner is not entitled to receive New (c) Zealand superannuation or a veteran’s pension; and who was receiving, or had applied for and was entitled to receive, New Zealand superannuation or a veteran’s pension at the alternative rate before 1 October 1991 relationship (partner not receiving superannuation or pen- sion) rate means the rate of a veteran’s pension specified in regulations that is payable to a person— (a) who is married or in a civil union or in a de facto rela- tionship; and (b) whose spouse or partner is not entitled to receive New Zealand superannuation or a veteran’s pension relationship rate means the rate of a veteran’s pension speci- fied in regulations that is payable to a person who is married or in a civil union or in a de facto relationship single means not married nor in a civil union nor in a de facto relationship single living alone rate means the rate of a veteran’s pension specified in regulations that is payable to a single person who is living alone single sharing accommodation rate means the rate of a vet- eran’s pension specified in regulations that is payable to a sin- gle person who is not living alone spouse means the husband or wife of an applicant or person receiving a veteran’s pension, as the case may require.
(2) Unless the context otherwise requires,— (a) (b) any word or expression used in this Part but not defined in this Part has the same meaning as it has in section 7 of this Act; and any word or expression used in this Part but not defined 35 in this Part or in section 7 of this Act has the meaning given to it in section 3(1) of the Social Security Act 1964.
86 Veterans’ Support Bill Part 6 cl 146 (2) 146 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).

The first condition is that person A occupies a principal place of residence of a kind described in subsection (6).

The second condition is that person A does not share that resi- dence with any person 18 years old or older, except a person to whom subsection (4) or (5) applies.
This subsection applies to person A’s dependent child— (a) (3) (4) who— (i) (ii) (iii) is 18 years old (despite the definition of child in section 3(1) of the Social Security Act 1964); and is not financially independent; and is attending a school or a tertiary educational es- tablishment; but (5) (6) (b) only until the close of 31 December in the year in which the child turns 18 years old.
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.
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, a motel unit, a room in a boarding house, or a unit of accommodation in a caravan park.
(7) In this section,— boarding house has the same meaning as in section 66B of the Residential Tenancies Act 1986 87 Part 6 cl 147 Veterans’ Support Bill 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.
Compare: 1954 No 54 s 67A 147 Delegation of general manager’s functions, duties, and 5 (1) (2) (3) powers under this Part The general manager may, either generally or particularly, delegate to the chief executive of the department for the time being responsible for the administration of the Social Security Act 1964 any of the general manager’s functions, duties, and 10 powers under— (a) (b) this Part; and any provision in the Social Security Act 1964 or the Social Welfare (Transitional Provisions) Act 1990 that relates to the veteran’s pension.
15 Subsection (1) applies to any of the functions, duties, and powers that are the general manager’s functions, duties, and powers in accordance with section 188.

Sections 41 and 42 of the State Sector Act 1988 apply to a dele- gation under subsection (1) as if the delegation were made 20 under section 41 of that Act.
Compare: 1954 No 54 s 69 Entitlement 148 Entitlement to veteran’s pension (1) A veteran is entitled to receive a veteran’s pension if— (a) (b) (c) 25 30 the veteran has qualifying operational service; and the veteran has reached the New Zealand superannu- ation qualification age and is eligible to receive New Zealand superannuation; and either— (i) the veteran is entitled to receive a disablement pension or an independence allowance, or has been paid a lump sum under section 89, for whole-person impairment of 55% or more; or the veteran was, immediately before the com- 35 mencement of this Part, entitled to a war disable- (ii) 88 Veterans’ Support Bill Part 6 cl 148 ment pension for disablement of 70% or more under Part 2, 4, or 5 of the War Pensions Act 1954.
(2) Subject to subsection (3), the spouse or partner of a veteran is entitled to receive a veteran’s pension if— (a) the spouse or partner has reached the New Zealand superannuation qualification age and is eligible to receive New Zealand superannuation; and the veteran is entitled to receive a veteran’s pension under subsection (1) or section 150.
(3) A spouse or partner described in subsection (2) is not entitled (b) to receive a veteran’s pension if— (a) the veteran and the claimant are living apart or are not maintaining a relationship in the nature of a marriage; and the claimant is not contributing to the veteran’s day-to- day welfare.
(b) 5 10 15 (4) Despite subsection (3), a spouse or partner described in sub- section (2) is entitled to a veteran’s pension if the circum- stances described in subsection (3) occurred principally be- 20 cause of the health, imprisonment, or employment obligations of the veteran or the claimant.
(5) A person is entitled to receive a veteran’s pension if— (a) (b) the person has reached the New Zealand superannuation qualification age and is eligible to receive New Zealand 25 superannuation; and the person was, immediately before the commencement of this Part, entitled to receive a veteran’s pension under the War Pensions Act 1954.
(6) (7) Subsection (5) does not apply to a veteran who, immediately 30 before the commencement of this Part, was receiving a vet- eran’s pension under section 70(1) the War Pensions Act 1954.

This section is subject to section 153.
Compare: 1954 No 54 s 70(1), (2) 89 Part 6 cl 149 Veterans’ Support Bill 149 Entitlement of spouse or partner of deceased veteran to (1) veteran’s pension The spouse or partner of a deceased veteran is entitled to re- ceive a veteran’s pension if— (a) (b) (c) (d) the spouse or partner has reached the New Zealand 5 superannuation qualification age and is eligible to receive New Zealand superannuation; and the veteran had qualifying operational service; and the veteran, had he or she not died, would have reached the New Zealand superannuation qualification age and 10 been eligible to receive New Zealand superannuation; and one of the following applies: (i) the veteran was, at the date of his or death, receiv- ing a disablement pension or an independence al- 15 lowance, or had been paid a lump sum under sec- tion 89, for whole-person impairment of 55% or more: the veteran was, at the date of his or her death, receiving a war disablement pension for disable- 20 ment of 70% or more under Part 2, 4, or 5 of the War Pensions Act 1954: (ii) (iii) VANZ considers that, had the veteran not died, the veteran would have been eligible to re- ceive,— (A) if the veteran died after the commence- ment of this Part, a disablement pension or an independence allowance, or a lump sum under section 89, for whole-person impairment of 55% or more; or if the veteran died before the commence- ment of this Part, a war disablement pen- sion for disablement of 70% or more under Part 2, 4, or 5 of the War Pensions Act 1954.
(B) 25 30 35 (2) The spouse or partner of a deceased veteran is entitled to re- ceive a veteran’s pension if— 90 Veterans’ Support Bill Part 6 cl 149 (a) (b) (c) the spouse or partner has reached the New Zealand superannuation qualification age and is eligible to receive New Zealand superannuation; and the veteran had qualifying operational service; and the veteran died— (i) before the commencement of this Part and either— (A) 5 the veteran was, at the date of his or death, receiving a veteran’s pension under sec- tion 70(1)(b)(ii) of the War Pensions Act 10 1954; or (B) VANZ considers that the veteran would have been eligible, at the date of his or her death, to receive a veteran’s pension under section 70(1)(b)(ii) of the War Pensions 15 Act 1954; or (ii) after the commencement of this Part and the vet- eran was, at the date of his or her death, entitled to receive a veteran’s pension under section 150.
Subsections (1) and (2) do not apply if, immediately before 20 the veteran’s death,— (a) the veteran and the claimant were living apart or were not maintaining a relationship in the nature of marriage; and the claimant was not contributing to the veteran’s day- 25 to-day welfare.

(b) Subsection (3) does not apply if the circumstances described in that subsection occurred principally because of the health, imprisonment, or employment obligations of the veteran or the claimant.
If a spouse or partner described in subsection (1) or (2) en- ters into a new relationship, the spouse or partner’s entitlement to the veteran’s pension ceases immediately.

For the purposes of subsection (5), a spouse or partner of a deceased veteran enters into a new relationship when, after the 35 veteran’s death, the spouse or partner— (a) marries; or (b) (c) enters into a civil union; or enters into a de facto relationship.
30 91 (3) (4) (5) (6) Part 6 cl 150 Veterans’ Support Bill (7) This section is subject to section 153.
Compare: 1954 No 54 s 70(1), (2) Entitlement to veteran’s pension by reason of infirmity 150 Entitlement to veteran’s pension under War Pensions Act 5 1954 by reason of infirmity (1) A veteran is entitled to receive a veteran’s pension if, at the commencement of this Part, he or she— (a) was receiving a veteran’s pension under the War Pen- sions Act 1954 by reason of infirmity in accordance 10 with section 70(1)(b)(ii) of that Act; and has not reached the New Zealand superannuation quali- fication age.
(b) (2) (3) (4) The veteran ceases to be entitled to receive a veteran’s pension under subsection (1) on reaching the New Zealand super- 15 annuation qualification age.

If the veteran is also entitled to receive weekly income com- pensation under subpart 4 of Part 3, the veteran may elect to receive weekly income compensation instead of a veteran’s pension.

If the veteran elects to receive weekly income compensation, all of the provisions of subpart 4 of Part 3 apply to the vet- eran.
20 (5) A veteran who has received weekly income compensation under subpart 4 of Part 3 may not elect to receive a vet- 25 eran’s pension under this section.

Compare: 1954 No 54 s 70(1) 151 Veteran’s ability to earn employment income (1) This section applies to a veteran who is receiving a veteran’s pension under section 150(1).
The veteran does not cease to be entitled to receive a veteran’s pension merely because he or she, at any time, is no longer prevented from undertaking employment because of a mental or physical infirmity.
(2) 30 (3) However, if a medical practitioner certifies in accordance with 35 section 152(2) that the veteran is not prevented from under- 92 Veterans’ Support Bill Part 6 cl 153 taking full-time employment as a result of a mental or phys- ical infirmity, the veteran’s entitlement to a veteran’s pension under section 150 ceases.
Compare: 1954 No 54 s 71 152 Medical examination of veteran receiving pension under 5 section 150 (1) VANZ may require a veteran receiving a veteran’s pension under section 150 to undergo a medical examination by a medical practitioner appointed under section 199.

The medical practitioner must certify— (a) (2) whether, in his or her opinion, the veteran is prevented from undertaking full-time employment as a result of a mental or physical infirmity; and the estimated duration of that condition.
(b) The medical practitioner must state the grounds for his or her 15 opinion.

Compare: 1954 No 54 s 72 (3) 10 Person may not receive New Zealand superannuation and veteran’s pension 153 Person may not receive New Zealand superannuation and 20 veteran’s pension at same time (1) A person who is entitled to receive both a veteran’s pension and New Zealand superannuation may receive only one of those entitlements at any time.
(2) A person who receives New Zealand superannuation and who 25 would also, except for subsection (1), be entitled to receive a veteran’s pension, may elect to receive a veteran’s pension instead of New Zealand superannuation.

(3) A person who receives a veteran’s pension and who would also, except for subsection (1), be entitled to receive New 30 Zealand superannuation, may elect to receive New Zealand superannuation instead of a veteran’s pension.
Compare: 1954 No 54 s 70(3), (4) 93 5 10 15 Part 6 cl 154 Veterans’ Support Bill Commencement and rates of veteran’s pension 154 Commencement of veteran’s pension A veteran’s pension commences on the later of— (a) the date on which the applicant became entitled to re- ceive it; and the date on which VANZ received the application for it.
(b) Compare: 1954 No 54 s 73 155 Rates of veteran’s pension (1) The rate of veteran’s pension payable to a person is the appro- priate rate specified in regulations made under section 250.
The following rates of veteran’s pension must be specified in the regulations referred to in subsection (1): (a) (b) (c) (d) a single living alone rate: a single sharing accommodation rate: a relationship rate: a relationship (partner not receiving superannuation or pension) rate: a relationship (partner not receiving superannuation or pension) legacy rate.
(e) The regulations referred to in subsection (1) must not specify 20 an amount for the relationship (partner not receiving super- annuation or pension) legacy rate that is less than the relation- ship (partner not receiving superannuation or pension) rate.
Compare: 1954 No 54 s 74(1) Initial rates of veteran’s pension The rates of veteran’s pension payable in the initial period must be equal to the corresponding rates in Schedule 11 as follows: (a) the single living alone rate payable in the initial period is the rate in clause 1(a) of that schedule: the single sharing accommodation rate payable in the initial period is the rate in clause 1(b) of that schedule: the relationship rate payable in the initial period is the rate in clause 1(c) of that schedule: (b) (c) 25 30 (2) (3) 156 (1) 94 Veterans’ Support Bill Part 6 cl 157 (2) (d) (e) the relationship (partner not receiving superannuation or pension) rate payable in the initial period is the rate in clause 2(b) of that schedule: the relationship (partner not receiving superannuation or pension) legacy rate payable in the initial period is 5 the rate in clause 2(a) of that schedule.
In this section,— initial period means the period beginning with the com- mencement of this Part and ending at the end of the day that is the first occurrence of 30 March following that commence- 10 ment Schedule 11 means Schedule 11 of the War Pensions Act 1954, as it was immediately before the commencement of this Part.
157 Annual adjustment of rates of veteran’s pension (1) 20 The rates of veteran’s pension must be reviewed in accordance 15 with this section before 1 April every year and, if the review concludes that any of the rates require adjustment under this section, the relevant rate or rates must be adjusted as at 1 April by regulations made under section 250.
In this section,— average wage means the average ordinary time weekly earn- ings (males and females combined) as determined by the last Quarterly Employment Survey of wages published by Statis- tics New Zealand before 1 March in each year (after the de- duction of standard tax and the earner levy payable on those 25 earnings) CPI means the Consumers Price Index All Groups published by Statistics New Zealand earner levy means the levy payable under section 219(1) of the Accident Compensation Act 2001 standard tax means the amount of tax, calculated on a weekly basis, that would be deductible in accordance with tax code M specified in section 24B of the Tax Administration Act 1994.
Subject to subsections (5) and (6), the relationship rate, the single living alone rate, and the single sharing accommodation 35 rate must be adjusted upwards to reflect any percentage move- ment upwards in the CPI between— 30 (2) (3) 95 Part 6 cl 157 Veterans’ Support Bill (a) (b) the CPI for the quarter that ends on 31 December 1 year before the immediately preceding 31 December; and the CPI for the quarter that ends on the immediately preceding 31 December.
(4) (5) (6) The adjustments (by any percentage movements upwards 5 in the CPI) required under subsection (3) as at 1 April in 2015, 2016, and 2017 must, despite subsections (2) and (3), be calculated using index numbers of the CPI, excluding cigarettes and other tobacco products, published by Statistics New Zealand.
If the relationship rate, the single living alone rate, or the single sharing accommodation rate does not meet the relevant criteria described in subsection (6), the rate must be adjusted to meet the criteria.
The criteria are— (a) 10 15 (b) (c) the total amount payable to a veteran and the veteran’s spouse or partner who are both eligible to receive a veteran’s pension at the relationship rate (before any abatement under section 158 but after the deduction of standard tax) must not be less than 65% of the aver- 20 age wage or more than 72.5% of the average wage: the single living alone rate (before any abatement under section 158 but after the deduction of standard tax) must be 65% of the total amount payable to a veteran and the veteran’s spouse or partner who are both eligible 25 to receive a veteran’s pension paid at the relationship rate (before any abatement under section 158 but after the deduction of standard tax): the single sharing accommodation rate (before any abatement under section 158 but after the deduction of 30 standard tax) must be 60% of the total amount payable to a veteran and the veteran’s spouse or partner who are both eligible to receive a veteran’s pension paid at the relationship rate (before any abatement under section 158 but after the deduction of standard tax).
35 (7) Any regulations made in accordance with subsection (1)— (a) must preserve the proportional relationship of the rela- tionship (partner not receiving superannuation or pen- sion) rate (before any abatement under section 158, but 96 Veterans’ Support Bill Part 6 cl 158 after the deduction of standard tax) to the relationship rate, the single living alone rate, and the single shar- ing accommodation rate (as they were before the ad- justment): (b) must not reduce any of the rates of veteran’s pension: (c) come into force, or are to be treated as having come into force, on 1 April of the calendar year in which they are made, and apply to veterans’ pensions payable on and after that date.
5 (8) Section 61H(3), (4), and (6) of the Social Security Act 1964 10 applies to regulations made in accordance with subsection (1) as if the regulations were made under that section.
Compare: 1954 No 54 s 74C 158 Abatement of veteran’s pension (1) (2) The amount payable to a veteran who is entitled to a veteran’s 15 pension under section 148 at the relationship (partner not receiving superannuation or pension) rate or the relationship (partner not receiving superannuation or pension) legacy rate is subject to abatement in accordance with Income Test 3.
The amount payable to a veteran who is entitled to a veteran’s 20 pension under section 150 is subject to abatement in accord- ance with— (a) subsection (3), if the veteran receives the veteran’s pension at the relationship rate, the single living alone rate, or the single sharing accommodation rate: subsection (4), if the veteran receives the veteran’s pension at the relationship (partner not receiving super- annuation or pension) rate or the relationship (partner not receiving superannuation or pension) legacy rate.
(b) 25 (3) VANZ must, in calculating the veteran’s pension payable to a 30 veteran to whom this subsection applies, reduce the amount of the pension payable by— (a) 30 cents for every $1 of the employment income derived by the veteran (before the deduction of income tax) that is in excess of $100 per week, but not in excess of $200 35 per week; and 97 10 15 Part 6 cl 159 Veterans’ Support Bill (b) 70 cents for every $1 of the employment income derived by the veteran (before the deduction of income tax) that is in excess of $200 per week.
(4) VANZ must, in calculating the veteran’s pension payable to a veteran to whom this subsection applies, reduce the amount of 5 the pension payable by— (a) 30 cents for every $1 of the combined income derived by the veteran and the veteran’s spouse or partner in excess of $100 per week, but not in excess of $200 per week; and 70 cents for every $1 of the combined income derived by the veteran and the veteran’s spouse or partner in excess of $200 per week.
(b) Compare: 1954 No 54 s 74D (1) 159 Election if spouse or partner not entitled to superannuation or veteran’s pension This section applies to a veteran— (a) (b) who is not single; and (c) who is entitled to receive a veteran’s pension; and whose spouse or partner is not entitled to receive New 20 Zealand superannuation or a veteran’s pension.
(2) (c) The veteran may elect to receive— the relationship rate; or (a) the relationship (partner not receiving superannuation (b) or pension) rate; or if the veteran was receiving, or had applied for and was entitled to receive, New Zealand superannuation or a veteran’s pension at the alternative rate before 1 Octo- ber 1991, the relationship (partner not receiving super- annuation or pension) legacy rate.

25 30 (3) A veteran who has made an election under subsection (2) may change that election.
Subsection (5) applies to a veteran’s election to receive the relationship (partner not receiving superannuation or pension) rate, and to a veteran’s election to receive the relationship 35 (partner not receiving superannuation or pension) legacy rate, under subsection (2) when— (4) 98 Veterans’ Support Bill Part 6 cl 161 (a) (b) the veteran’s spouse or partner is in employment under a contract of service; and the combined income of the veteran and his or her spouse or partner, during that employment, is enough to prevent receipt of any veteran’s pension due to 5 abatement under section 158.
(5) If this subsection applies to the veteran’s election, the election does not take effect until the employment has ceased.
Compare: 1954 No 54 s 74(2)–(5) 160 Entitlement to veteran’s pension for spouses or partners of persons in long-term residential care in hospital or rest home This section applies to any person— (a) (1) 10 who is not in long-term residential care but whose spouse or partner is in long-term residential care in a 15 hospital or rest home, whether or not the spouse or partner is a resident assessed as requiring care (within the meaning of section 136 of the Social Security Act 1964); and (b) who is receiving a veteran’s pension, or whose spouse 20 or partner is receiving a veteran’s pension.
(2) A person to whom this section applies is entitled to receive a veteran’s pension at— (a) the single living alone rate, if the person is living alone; or the single sharing accommodation rate, if the person is not living alone.

25 (b) (3) Any benefit payable to a person to whom this section applies is not subject to abatement in respect of any income of the person that has been included in a means assessment of the person’s 30 spouse or partner under Part 4 of the Social Security Act 1964.
Compare: 1954 No 54 s 74BA Lump sum payment on death 161 Lump sum payments on death (1) Subsection (2) applies on the death of a veteran who is, on 35 the date of death,— 99 Part 6 cl 161 Veterans’ Support Bill (a) (b) ordinarily resident in New Zealand; and receiving a veteran’s pension on account of his or her own service.
The amount specified in regulations made under section 250— (a) is payable to the surviving spouse or partner of the vet- eran; or if there is no surviving spouse or partner, is to be appor- tioned equally between any dependent children of the veteran.

(b) 5 10 Subsection (4) applies on the death of the spouse or partner of a veteran if, on the date of death, the spouse or partner is— ordinarily resident in New Zealand; and (a) (b) receiving a veteran’s pension under section 148(2).
The amount specified in regulations made under section 250 15 is payable to the surviving veteran.
The regulations specifying the amounts payable under this sec- tion may provide for different amounts to be payable— (a) on the death of a veteran who,— (i) on the date of his or her death, was receiving a 20 veteran’s pension on account of his or her own service; and before 1 April 1990, was receiving a war vet- eran’s allowance under the War Pensions Act 1954: 25 (ii) (b) (c) on the death of a veteran who, on the date of his or her death, was receiving a veteran’s pension on account of his or her own service: on the death of the spouse or partner of a veteran if the veteran is receiving a veteran’s pension on account of 30 his or her own service and the spouse or partner was receiving a veteran’s pension.
The amount of any veteran’s pension paid or payable in respect of the person who has died following their death is deductable from any amount payable under this section.
Compare: 1954 No 54 s 74A 35 (2) (3) (4) (5) (6) 100 Veterans’ Support Bill Part 6 cl 164 Review of decision relating to veteran’s pension 162 Review of decision relating to veteran’s pension (1) Subject to subsection (2), any person affected by a decision of VANZ under this Part may appeal the decision to the Social Security Appeal Authority in accordance with section 12J of 5 the Social Security Act 1964 or, if the decision was made on medical grounds, to a Board appointed under section 10B(3) of that Act.
(2) A person may not appeal to the Social Security Appeal Au- thority a decision to decline entitlement to a veteran’s pension 10 on the basis that the service on which a claim to entitlement is based is not qualifying operational service.

(3) A person affected by a decision described in subsection (2) may apply for a review of the decision in accordance with subpart 2 of Part 7.
15 Payment overseas of veteran’s pension 163 Effect of absence from New Zealand on veteran’s pension A person is not entitled to a veteran’s pension while that person is absent from New Zealand, except as provided in sections 164 to 183 or in any agreement or convention adopted under 20 section 19 of the Social Welfare (Transitional Provisions) Act 1990.
Compare: 1954 No 54 s 74E 164 First 26 weeks of certain temporary absences A veteran’s pension that would otherwise be payable to a per- 25 son (other than a person who is receiving a veteran’s pension overseas under section 168) is payable in respect of the first 26 weeks of any absence from New Zealand if— (a) (b) the person’s absence does not exceed 30 weeks; or the person’s absence exceeds 30 weeks and VANZ is 30 satisfied that the absence beyond 30 weeks is due to cir- cumstances beyond that person’s control that he or she could not reasonably have foreseen before departure.
Compare: 1954 No 54 s 74F 101 Part 6 cl 165 Veterans’ Support Bill 165 Absences up to 2 years for medical treatment VANZ may, in it’s discretion, pay a veteran’s pension to any person who would otherwise be entitled to receive it, but who is absent from New Zealand for any period or periods not exceeding 2 years in total because that person or his or her 5 spouse, partner, child, or sibling is receiving medical treatment overseas for which the Ministry of Health is granting assist- ance.
Compare: 1954 No 54 s 74G 10 (a) (b) 166 Absences up to 156 weeks with aid agencies (1) VANZ may pay a veteran’s pension to any person who— is otherwise entitled to receive it; and is absent from New Zealand for a period not exceeding 156 weeks; and is engaged, while absent from New Zealand, in full-time 15 voluntary and unpaid humanitarian work for a recog- nised aid agency that— (i) (c) has, as its principal function, the giving of aid and assistance to less advantaged communities in 1 or more other countries; and has not deprived another person of paid employ- ment to engage the person to do that work on an unpaid basis.
20 (ii) (2) The chief executive of the Ministry of Foreign Affairs and Trade must determine any question that arises as to whether 25 an aid agency fulfils the qualifications set out in subsection (1).
Compare: 1954 No 54 s 74H 167 Date absence commences If a person who is absent from New Zealand would have be- 30 come entitled to a veteran’s pension during his or her absence but for section 163, the person’s absence must be regarded as having commenced on the day that he or she would have become entitled to a veteran’s pension.
Compare: 1954 No 54 s 74I 35 102 Veterans’ Support Bill Part 6 cl 169 168 Payment overseas of veteran’s pension Section 169— (a) (b) applies to a country if it is not a country with whose government New Zealand has a reciprocal agreement or convention, in force under section 19 of the Social 5 Welfare (Transitional Provisions) Act 1990, that relates to the veteran’s pension; and applies to a person if he or she has left New Zealand at a time when he or she— (i) was intending to reside for a period longer than 10 26 weeks in a country (or 2 or more countries) to which this subsection applies, but not intending to reside for a period longer than 52 weeks in a specified Pacific country (within the meaning of section 177(1)); or 15 (ii) was intending to travel for a period longer than 26 weeks, but not intending to reside in any country other than New Zealand.
Compare: 1954 No 54 s 74J 169 Entitlement to payments overseas (1) A person to whom this section applies is entitled to be paid a veteran’s pension at the appropriate rate specified in section 170(1),— (a) 20 in the case of a person who has left New Zealand at a time when he or she was intending to reside for a period 25 longer than 26 weeks in a country (or 2 or more coun- tries) to which this section applies, but not intending to reside for a period longer than 52 weeks in a spe- cified Pacific country (within the meaning of section 177(1)), until he or she— (i) 30 begins to reside in a country that is not a country to which this section applies; or begins to reside in New Zealand again; or begins to receive a veteran’s pension otherwise than under this section; or begins to receive New Zealand superannuation under the New Zealand Superannuation and Re- tirement Income Act 2001; and 35 (ii) (iii) (iv) 103 Part 6 cl 170 Veterans’ Support Bill (b) in the case of a person who has left New Zealand at a time when he or she was intending to travel for a period longer than 26 weeks, but not intending to reside in any country other than New Zealand, until he or she— (i) begins to reside in a country that is not a country 5 to which this section applies; or returns to New Zealand.
(ii) (2) For the purposes only of subsection (1)(b)(ii), a person does not return to New Zealand if— (a) he or she— (i) interrupts his or her overseas travel, and travels to and stays briefly in New Zealand, in order to attend an event (for example, a wedding or fu- neral) or to visit a person (for example, a sick or injured family member); and then resumes his or her overseas travel; and (b) (ii) he or she does not while in New Zealand— (i) (ii) begin to receive a veteran’s pension otherwise than under this section; or begin to receive New Zealand superannuation 20 under the New Zealand Superannuation and Re- tirement Income Act 2001.
10 15 (3) (4) Except to the extent provided by subsection (1)(a)(i) and (b)(i), a person does not cease to be entitled to be paid a vet- eran’s pension under that subsection by reason only of chang- 25 ing his or her intentions after leaving New Zealand.

Subsection (3) is for the avoidance of doubt.


Compare: 1954 No 54 s 74J 170 Rates of veteran’s pension payable overseas The rates referred to in section 169(1) are,— (1) (a) for a single person, a rate that is a proportion (calculated under section 171) of the single sharing accommoda- tion rate: for a person who is married or in a civil union or in a de facto relationship, a rate that is a proportion (calculated 35 under section 171) of the relationship rate.
(b) 30 If section 158(2) applies to a person for whom an amount is specified by subsection (1), the calculation under section (2) 104 Veterans’ Support Bill Part 6 cl 172 171 of the proportion of the amount he or she is entitled to be paid must be made in respect of that amount after it has been abated under that section.

This section is subject to section 173.
Compare: 1954 No 54 s 74J 5 (3) 171 Calculation of amount of veteran’s pension payable overseas The proportion referred to in section 170(1) is to be calcu- lated by— (a) treating each period during which the person concerned 10 has resided in New Zealand while aged 20 or more and less than 65 as whole calendar months and (where ap- plicable) additional days; and adding the number of additional days (if any), dividing the total by 30, and disregarding any remainder; and adding the number of calendar months and the quotient calculated under paragraph (b); and dividing the total calculated under paragraph (c) by 540.
15 (b) (c) (d) Compare: 1954 No 54 s 74JA 20 172 Certain absences excluded from calculation (1) In determining for the purposes of section 171 the periods during which a person has resided in New Zealand, no account is to be taken of— (a) (b) any period of absence from New Zealand of a kind de- 25 scribed in section 9(1) of the New Zealand Superannu- ation and Retirement Income Act 2001; or any period of absence from New Zealand— (i) while the person was engaged in missionary work (within the meaning of section 10(4) of the 30 New Zealand Superannuation and Retirement Income Act 2001) as a member of, or on behalf of, any religious body; or (ii) while the person’s spouse or partner was engaged in missionary work (within the meaning of sec- 35 tion 10(4) of the New Zealand Superannuation and Retirement Income Act 2001) as a member 105 Part 6 cl 173 Veterans’ Support Bill (c) (d) of, or on behalf of, any religious body, and the person was with his or her spouse or partner; or any period of absence from New Zealand while the per- son was (by virtue of section 79(1)(a) of the Social Se- curity Act 1964) deemed to have been resident in New 5 Zealand; or any period of absence from New Zealand while, as the spouse or partner of a person deemed by section 79(1)(a) of the Social Security Act 1964 to have been resident in New Zealand, the person was also (by virtue 10 of section 79(1)(b) of the Social Security Act 1964) deemed to have been resident in New Zealand.
Subsection (1) applies to a period of absence only if VANZ is satisfied that during it the person concerned remained ordin- arily resident in New Zealand.
Subsection (1)(b) applies to a period of absence only if VANZ is satisfied that the person concerned either was born in New Zealand or— (a) in the case of a person to whom subsection (1)(b)(i) applies, was ordinarily resident in New Zealand imme- 20 diately before leaving New Zealand to engage in the missionary work concerned: in the case of a person to whom subsection (1)(b)(ii) applies, was ordinarily resident in New Zealand imme- diately before leaving New Zealand to accompany or 25 join his or her spouse or partner.
(b) 15 (2) (3) Compare: 1954 No 54 s 74JA 173 Application for entitlement A person is not entitled to be paid a veteran’s pension under section 169 unless he or she— (a) has made an application for the payment of a veteran’s pension under that section that states (as the case may be)— (i) 30 the country or countries in which he or she in- tends to reside and the period for which he or she 35 intends to reside there; or the country or countries to and in which he or she intends to travel; and (ii) 106 Veterans’ Support Bill Part 6 cl 175 (b) is ordinarily resident and present in New Zealand on the day he or she makes the application and— (i) is entitled to receive a veteran’s pension on that day; or (ii) will become entitled to receive a veteran’s pen- 5 sion before he or she leaves New Zealand.
Compare: 1954 No 54 s 74JB 174 Applications after leaving New Zealand (1) This section applies if a person did not make an application for payment under section 169 while ordinarily resident and 10 present in New Zealand because he or she left New Zealand intending to be absent for 26 weeks or less.
(3) (2) VANZ may accept an application for payment in accordance with section 169 if satisfied that the absence for more than 26 weeks is or was due to circumstances beyond the applicant’s 15 control that could not reasonably have been foreseen before leaving New Zealand.
If VANZ has accepted an application under subsection (2) and, after the applicant left New Zealand, the applicant has been paid any instalment of a veteran’s pension in accordance 20 with sections 164 to 167, no liability to repay any of those instalments arises merely because the applicant fails to return to New Zealand within the period allowed for by those sec- tions.
Compare: 1954 No 54 s 74K 25 175 Date of commencement of payment overseas (1) The date of commencement of payment overseas of a veteran’s pension under section 169 is the first pay day after the date of the applicant’s departure from New Zealand.

(2) However, in the case of an application under section 174, 30 the date of commencement is the first pay day after the date on which the application was received by VANZ.

Subsection (2) is subject to section 80AA of the Social Se- curity Act 1964.
Compare: 1954 No 54 s 74L (3) 35 107 Part 6 cl 176 Veterans’ Support Bill 176 Relationship with other benefit provisions (1) A person who is receiving a veteran’s pension overseas under section 169 is not entitled to receive any supplementary or special benefit, temporary additional support, lump sum pay- ment, or any other assistance under the Social Security Act 5 1964 or under any welfare programme approved under sec- tion 124(1)(d) of that Act.
(2) Despite the provisions of section 80BD of the Social Security Act 1964, when a person who receives a veteran’s pension overseas under section 169 dies, the pension terminates on a 10 date to be determined by VANZ, being a date not more than 4 weeks after the person’s date of death.

Except as otherwise provided in this section, the Social Secur- ity Act 1964 (other than sections 69G to 70, 74(1)(a), 75 to 77, and 82(7)) applies to veterans’ pensions being paid overseas 15 under section 169.
Compare: 1954 No 54 s 74M (3) 177 Specified Pacific country (1) In sections 178 to 182, specified Pacific country means a country or territory— (a) (b) that is listed in Schedule 3; and that is not a country with which New Zealand has a re- ciprocal agreement in force under section 19 of the So- cial Welfare (Transitional Provisions) Act 1990 relating to the portability of the veteran’s pension.
The Governor-General may, by Order in Council, amend Schedule 3 by— (a) (b) inserting the name of any Pacific country or territory; or replacing the former name of a country or territory with its new name.

The Order in Council must state the date on which it takes effect, which may be a date before the date on which it is made.

The Order in Council applies to payments of the veteran’s pen- sion under section 178 payable on or after the date on which the order takes effect.
(2) (3) (4) 108 20 25 30 35 Veterans’ Support Bill Part 6 cl 179 (5) Section 61H(3) to (6) of the Social Security Act 1964 applies to every Order in Council made under subsection (2)(a) as if it had been made under that section.
Compare: 1954 No 54 s 74N 178 Entitlement to be paid veteran’s pension in specified 5 Pacific country (1) A person entitled to receive a veteran’s pension is entitled to be paid the pension in a specified Pacific country at a rate cal- culated under section 179 if subsection (2) or (3) applies to the person.
This subsection applies to a person— (a) who intends to leave New Zealand to reside for more than 52 weeks in a specified Pacific country; and (b) who is resident and present in New Zealand on the date (2) 10 (c) of his or her application to be paid a veteran’s pension 15 in a specified Pacific country; and who— (i) is entitled to receive a veteran’s pension on the date of the application; or (ii) will be entitled to receive a veteran’s pension be- 20 fore leaving New Zealand; and (d) who is resident in a specified Pacific country when each payment of the veteran’s pension is due to be made to him or her.
This subsection applies to a person— (a) who was, immediately before this Part came into force, being paid a veteran’s pension while resident in a speci- fied Pacific country under section 74O of the War Pen- sions Act 1954 as it was immediately before that date; and (b) who is resident in a specified Pacific country when each payment of the veteran’s pension is due to be made to him or her.
Compare: 1954 No 54 s 74O 25 30 (3) 179 Rates of payment of veteran’s pension payable to people 35 resident in specified Pacific countries The rate of veteran’s pension payable under section 178 is,— (1) 109 Part 6 cl 179 Veterans’ Support Bill (a) (b) (c) in the case of a person who has resided in New Zealand for 20 or more years since turning 20 years, the base rate: in the case of a person who has resided in New Zealand for 10 or more years but fewer than 20 years since turn- 5 ing 20 years, an amount calculated using the following formula: a × b 20 where— a b is the base rate is the whole number of years the person has 10 resided in New Zealand since turning 20 years: in the case of a person who is resident in a specified Pacific country and was, immediately before section 74P(1)(c) of the War Pensions Act 1954 came into force, being paid a veteran’s pension under section 15 17BA of the Social Welfare (Transitional Provisions) Act 1990 as it was immediately before that date, the higher of— (i) the amount he or she was being paid immediately before that date (subject to abatement under sec- 20 tion 158(2) if that section applies to the person); and the appropriate amount payable under para- graph (a) or (b).
(ii) (2) For the purposes of this section, the base rate is,— (a) 25 in the case of a single person, the single sharing accom- modation rate (subject to abatement under section 158 if that section applies to the person); and in the case of a person who is married or in a civil union or in a de facto relationship, the relationship rate (sub- 30 ject to abatement under section 158(2) if that section applies to the person).
(b) (3) However, if section 70 of the Social Security Act 1964 ap- plies, that amount must be reduced by the amount deducted in accordance with that section.
Compare: 1954 No 54 s 74P 35 110 Veterans’ Support Bill Part 6 cl 183 180 Commencement and termination of payments (1) The commencement date of payment of a pension paid under section 178 is,— (a) in the case of a person to whom section 178(2) applies, the first pay day after the date of the person’s departure 5 from New Zealand; and in the case of a person to whom section 178(3) applies, the first pay day after the date on which this section comes into force.
(b) (2) When a person being paid a pension under section 178 dies, 10 the pension terminates on a date to be determined by VANZ, being a date not more than 4 weeks after the person’s date of death.
Compare: 1954 No 54 s 74Q 181 Effect on other benefits 15 A person who is receiving a veteran’s pension overseas under section 178 is not entitled to receive any supplementary or special benefit, temporary additional support, lump sum pay- ment, or any other assistance under the Social Security Act 1964 or under any welfare programme approved under sec- 20 tion 124(1)(d) of that Act.
Compare: 1954 No 54 s 74R 182 Application of this Act and Social Security Act 1964 (1) Sections 163 to 176 do not apply in respect of a veteran’s pension being paid in a specified Pacific country under sec- 25 tion 178.

The Social Security Act 1964 (other than sections 74(1)(a), 75, 75A, 76, 77, and 80) applies to a veteran’s pension being paid in a specified Pacific country under section 178.
Compare: 1954 No 54 s 74S 30 (2) 183 Certain former economic pensioners may be paid up to the full rate of veteran’s pension overseas Despite sections 74(1)(a) and 77 of the Social Security Act 1964 and sections 168 to 176 of this Act, if, immediately before 1 April 1990, a person residing outside New Zealand 35 was being paid an economic pension under the War Pensions 111 Part 7 cl 184 Veterans’ Support Bill Act 1954 as it was immediately before that date, VANZ may pay the full rate, or any lesser percentage of the full rate (being not less than 50%), of a veteran’s pension to that person while he or she remains a resident outside New Zealand.
Compare: 1954 No 54 s 74T 5 Part 7 Administration Subpart 1—Establishment and functions of VANZ and related matters 184 Chief of Defence Force responsible for administration 10 of Act The Chief of Defence Force is responsible to the Minister for the efficient, effective, and economic administration of this Act.

185 Establishment of VANZ as unit within Defence Force 15 The Chief of Defence Force must establish a unit within the Defence Force to be called Veterans’ Affairs New Zealand.
186 Functions of VANZ The functions of VANZ are— (a) to provide entitlements to veterans and other claimants 20 in accordance with this Act; and to arrange for the provision of treatment, rehabilitation, and related services to veterans and other claimants in accordance with this Act; and to supply, or to contribute to the cost of, plaques and 25 headstones for deceased service and ex-service persons and their spouses and partners in accordance with this Act; and to contribute to the maintenance and development of cemeteries or parts of cemeteries set aside under section 30 15 of the Burial and Cremation Act 1964; and to administer the Veterans’ Medical Research Trust Fund; and to provide advice to the Minister on any matters relating to veterans; and 35 (b) (c) (d) (e) (f) 112 Veterans’ Support Bill Part 7 cl 189 (g) (h) to undertake any other functions relating to veterans and their families as directed to be undertaken by the Min- ister or Chief of Defence Force; and to undertake any functions related to or incidental to the functions specified in paragraphs (a) to (g).
5 (2) (3) 187 General Manager and Deputy General Manager of VANZ The Chief of Defence Force must appoint, under section 61A (1) of the Defence Act 1990, suitable persons to be the General Manager of VANZ, and Deputy General Manager of VANZ.

The general manager has and may perform and exercise, sub- 10 ject to the control and direction of the Chief of Defence Force, all the functions and powers necessary for the administration of this Act.
The deputy general manager has and may perform and ex- ercise, subject to the control and direction of the Chief of 15 Defence Force or the general manager, all the functions and powers necessary for the administration of this Act.
If there is a vacancy in the office of the general manager, or if the general manager is absent from duty for any reason, the deputy general manager has and may perform and exercise all 20 the functions, duties, and powers of the general manager for as long as the vacancy or absence continues.
The fact that the deputy general manager performs or exercises any function, duty, or power of the general manager is, in the absence of proof to the contrary, conclusive evidence of the 25 deputy general manager’s authority to do so.

(4) (5) 188 Functions, duties, and powers of VANZ Every function, duty, and power of VANZ under this Act is a function, duty, or power of the general manager.
189 General manager may delegate functions, duties, and 30 (1) powers to members of Defence Force The general manager may delegate, either generally or partic- ularly, any of his or her functions, duties, and powers under this Act to any member of the Defence Force.
(2) A delegation may be made under this section to— 35 113 Part 7 cl 190 Veterans’ Support Bill (a) (b) (c) (d) a specified person; or a person belonging to a specified class of persons; or the holder of a specified office or appointment in the Defence Force; or the holder of an office or appointment of a specified 5 class in the Defence Force.
(3) The delegation— (a) must be written; and (b) may include a power to subdelegate any function, duty, or power to any other member of the Defence Force; 10 and (c) may be made subject to any restrictions and conditions (d) (e) that the general manager thinks fit; and is revocable at any time, in writing; and does not prevent the performance of a function or duty, 15 or the exercise of a power, by the general manager.
Subject to any restrictions or conditions imposed by the general manager, a person to whom any functions, duties, or powers are delegated may perform and exercise them in the same manner, subject to the same restrictions, and with the 20 same effect as if they had been conferred directly by this Act and not by delegation.

(4) (5) A person who appears to act under a delegation is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.
Compare: 1988 No 20 s 41; 2012 No 123 s 50 190 General manager may delegate functions, duties, and powers outside Defence Force with approval The general manager may delegate any of his or her functions, duties, and powers under this Act,— (a) with the written approval of the Chief of Defence Force, to a person described in section 41(1A) of the State Sec- tor Act 1988: (b) with the written approval of the Chief of Defence Force and the Minister, to a person described in section 35 41(2A) of the State Sector Act 1988.
Sections 41 and 42 of the State Sector Act 1988 apply, with any necessary modifications, to a delegation under subsec- 25 30 (1) (2) 114 Veterans’ Support Bill Part 7 cl 192 tion (1), as if the general manager were a Public Service chief executive.

This section does not limit section 147.


Compare: 1988 No 20 s 41 Immunity from civil liability This section applies to— (a) (b) (c) the general manager: the deputy general manager: any member of the Defence Force performing or exer- cising a function, duty, or power under this Act: the RSA member of the review panel: a member of the appeal board: a member of the advisory board: a member of the advisory panel.
(d) (e) (f) (g) The person is immune from liability in civil proceedings for 15 good-faith actions or omissions in pursuance or intended pur- suance of their functions, duties, or powers.
5 10 (3) 191 (1) (2) (3) Despite subsection (2), to the extent that the person’s ac- tions or omissions are not done or omitted in the discharge or purported discharge of the person’s responsibilities of a ju- 20 dicial nature or in connection with the execution of judicial process,— (a) a court may find the Crown itself liable in tort in respect of the actions or omissions; and for the purpose of determining whether the Crown is so 25 liable, the court must disregard the immunity in sub- section (2).
(b) Compare: 1950 No 54 s 6(5); 1988 No 20 s 86 192 VANZ may reconsider decision (1) (2) If VANZ considers it made a decision in error, it may revise 30 the decision at any time, whatever the reason for the error.
Subsection (3) applies to a decision by VANZ that affects a person and in respect of which— (a) an application for review of the decision did not succeed (in whole or in part); and 35 115 Part 7 cl 192 Veterans’ Support Bill (b) an appeal against the unsuccessful review decision did not succeed (in whole or in part).
(3) VANZ may reconsider a decision if, in VANZ’s view, any of the following apply: (a) a statement of principle is adopted or modified under 5 section 17 after the decision was made and, if the state- ment had been adopted or modified before the decision was made, it would have materially affected the deci- sion; or a presumptive decision-making condition is specified 10 or amended in regulations made after the decision was made and, if the condition had been specified or amended before the decision was made, it would have materially affected the decision; or service is declared operational service under section 9 15 after the decision was made and, if the declaration had been made before the decision was made, it would have materially affected the decision.
(b) (c) (4) VANZ may reconsider a decision to which subsection (3)(a) or (b) applies on application by the affected person or on its 20 own initiative.

(5) VANZ may reconsider a decision to which subsection (3)(c) applies on application by the affected person.

(7) (6) A decision by VANZ to decline to reconsider a decision under this section is not subject to review under section 201.
If VANZ decides to reconsider a decision under this section, VANZ must provide the claimant with an opportunity to make a submission on the decision before it is reconsidered.

If, following reconsideration, VANZ decides that a person has an entitlement, the entitlement commences on the date it would 30 have commenced on had VANZ decided that the person had the entitlement at the outset.
(8) 25 (9) Any decision made as a consequence of the reconsideration of a decision under this section is subject to review under sec- tion 201.
35 116 Veterans’ Support Bill Part 7 cl 193 193 Responsibility of veteran or other claimant to assist in establishing and maintaining entitlements (1) A veteran who applies for or receives an entitlement under this Act must, when reasonably required to do so by VANZ,— (a) give VANZ a certificate by a health practitioner or treat- 5 ment provider that deals with the matters or contains the information that VANZ requires: authorise VANZ to obtain medical and other records that are or may be relevant to the veteran’s application or entitlement: undergo assessment at VANZ’s expense by an assessor appointed by VANZ under section 199 and specified by VANZ.
10 (b) (c) (2) A veteran or other claimant who applies for or receives an (b) (c) entitlement under this Act must, when reasonably required by 15 VANZ,— (a) give VANZ relevant information about any matters re- lating to his or her application or entitlement that VANZ requires at any time: undergo any assessment in relation to the veteran’s or 20 claimant’s application or entitlement that VANZ may require under this Act: participate in rehabilitation, including— (i) co-operating with VANZ in the development and implementation of any individual rehabilitation 25 plan; and undergoing assessment of present and likely capabilities for the purposes of rehabilitation, at VANZ’s expense.
(ii) (3) (4) If VANZ requires the veteran or other person to do so, he or 30 she must provide the information referred to in subsection (2)(a) in a form supplied or specified by VANZ.

If a veteran or other claimant fails to comply with a require- ment under subsection (1) or (2), VANZ may cease payment of an entitlement to which the requirement relates.
35 (5) VANZ may cease payment of an entitlement under subsec- tion (4) only if— (a) VANZ has given the veteran or other claimant a writ- ten notice of its intention to cease payment because the 117 Part 7 cl 194 Veterans’ Support Bill (b) veteran or other claimant has failed to comply with the requirement; and the veteran or other claimant has not, within 28 days of the date of giving the notice,— (i) (ii) complied with the requirement; or established, to VANZ’s satisfaction, reasonable grounds for not complying with the requirement.
194 Recovery of debts by VANZ (1) An overpayment by VANZ is a debt due to VANZ if the over- payment is— (a) an amount paid to a person that exceeds the amount to which the person is entitled under this Act or that was payable under the War Pensions Act 1954; or an amount paid to a person who has no entitlement to it under this Act or the War Pensions Act 1954.
(b) 5 10 15 (2) VANZ may— (a) (b) recover the debt by way of proceedings; or deduct all or part of the debt from any amount payable to that person by VANZ.
(3) However, if a person receives a payment from VANZ in good 20 faith, VANZ may not— (a) (b) recover all or any part of the payment on the ground only that the decision under which the payment was made has been revised on medical grounds; or recover all or any part of the payment if the recipient— 25 did not intentionally contribute to the error; and (i) has so altered his or her position in reliance on (ii) the validity of the payment that it would be in- equitable to require repayment.
Compare: 2001 No 49 ss 248, 251 195 Entitlements inalienable (1) All entitlements are absolutely inalienable, whether by way of, or in accordance with, a sale, assignment, charge, execution, bankruptcy, or otherwise.
This section does not affect— (a) any right of VANZ to recover any amounts under this Act or to make any deductions authorised by this Act (2) 118 30 35 Veterans’ Support Bill Part 7 cl 197 (e) (b) (c) (d) from any entitlements that VANZ is liable to provide; or sections 4 and 5 of the Maori Housing Act 1935; or sections 84F to 84M of the District Courts Act 1947; or sections 87(2)(b), 88AE(1)(a), 103, 104, and 105 to 5 106B of the Summary Proceedings Act 1957; or section 27Y of the Social Security Act 1964 (as saved by section 256(1) of the Child Support Act 1991) or sections 71 and 86A of the Social Security Act 1964; or sections 105, 110, 118, and 121 of the Family Proceed- ings Act 1980 (as saved by section 259(1) of the Child Support Act 1991); or the Child Support Act 1991; or subparts 1, 2, and 5 of Part 2 or section 193 of the Stu- 15 dent Loan Scheme Act 2011; or subpart 1 of Part 3 of the KiwiSaver Act 2006; or (i) section 157 of the Tax Administration Act 1994; or (j) (k) section 41B of the Legal Services Act 2011.
Compare: 1954 No 54 s 89(1); 1964 No 136 s 84(1); 2001 No 49 s 123 (g) (h) 10 (f) 20 196 Entitlements to be provided to claimant only (1) VANZ must provide entitlements only to the claimant to whom (2) VANZ is liable to provide the entitlements.
Subsection (1) does not apply— (a) (b) to payments made by VANZ directly to a person for 25 providing entitlements to the claimant; or to payments authorised by regulations made under sec- tion 250 to be made to any other person; or to payments made under section 197 or 198.

(c) Compare: 2001 No 49 s 124 197 VANZ to pay amount for child to caregiver or financially (1) responsible person This section applies if an entitlement provided to a claimant who is not yet 16 years old is solely a payment of money.
(2) VANZ must make the payment— (a) to a person who is caring for the claimant; or 119 30 35 Part 7 cl 198 Veterans’ Support Bill (b) if VANZ considers that it would not be appropriate to make the payment to such a person, to another person or to trustees who, in either case, VANZ considers will apply the payment as required by subsection (3).

(3) A person to whom a payment is made under subsection (2) 5 must apply it for the maintenance, education, advancement, or benefit of the claimant.
(4) VANZ is not under an obligation to see to the application of any money paid under this section, and is not liable to the claimant in respect of any such payment.
Compare: 2001 No 49 s 125 10 198 VANZ to pay amount to claimant’s estate (1) Subsection (2) applies to any entitlement (other than a lump sum payment) that is a payment that VANZ— (a) is liable to make to a claimant, but that has accrued and 15 is unpaid at the date of the claimant’s death; or (b) would have been liable to make to the claimant, if the claimant had lodged a claim for it.
(2) VANZ is liable to pay the amount to the claimant’s estate if the estate applies for it within 3 years after the date of the 20 claimant’s death.

Compare: 2001 No 49 s 126 199 Appointment of assessors and examiners (1) VANZ must appoint as many health practitioners as it consid- ers necessary to do assessments or examinations under sec- 25 tions 117, 123, 152(1), and 193(1)(c) or (2)(c), and clause 53 or 55 of Schedule 2.
(2) VANZ may appoint a health practitioner to do assessments under the Act generally, or in respect of particular sections of the Act.

30 (3) VANZ must pay assessors to do assessments and, if fees and allowances of assessors are prescribed in or under regula- tions made under section 250, VANZ must pay prescribed amounts.
In appointing a person to be an assessor, VANZ must have re- 35 gard to the skills, qualifications, and training that VANZ con- (4) 120 Veterans’ Support Bill Part 7 cl 200 siders appropriate for a person to do the assessments for which it is proposed to appoint the person an assessor.

(5) VANZ may appoint a medical practitioner to do assessments under section 127 only if the medical practitioner meets the requirements described in subsection (6) or (7).
5 (6) A medical practitioner who provides general medical services must also— (a) have an interest, and proven work experience, in dis- ability management in the workplace or in occupational rehabilitation; and have at least 5 years’ experience in general practice; and (b) (c) meet at least 1 of the following criteria: (i) (ii) (iii) be a Fellow of the Royal New Zealand College of General Practitioners or hold an equivalent quali- fication: be undertaking training towards becoming a Fel- low of the Royal New Zealand College of Gen- eral Practitioners or holding an equivalent quali- fication: have undertaken relevant advanced training.
(7) A medical practitioner who does not provide general medical services must— (a) have an interest, and proven work experience, in dis- ability management in the workplace or in occupational rehabilitation; and be a member of a recognised college.
(b) Compare: 2001 No 49 Schedule 1 cl 58 10 15 20 25 200 Purposes for which VANZ may collect information VANZ may collect information for the following purposes: (a) to enable a comprehensive claims database to be main- 30 tained: to facilitate the monitoring of the operation of this Act: to monitor and evaluate the nature, incidence, sever- ity, and consequences of service-related illnesses and injuries: the provision of appropriate rehabilitation and treat- ment: the provision of appropriate compensation: 35 (b) (c) (d) (e) 121 Part 7 cl 201 Veterans’ Support Bill policy development under this Act.
(f) Compare: 2001 No 49 s 279 Subpart 2—Review of VANZ decisions 201 Review of decision (1) A veteran or other claimant may apply for a review of a deci- 5 sion by VANZ that relates to that person’s entitlement, includ- ing— (a) eligibility for an entitlement: a decision of VANZ made under Part 3, 4, or 5 if the decision relates to 1 or more of the following: (i) (ii) whether there is a relationship between a vet- eran’s medical condition or death and the vet- eran’s qualifying service: (iii) whether and, if so, to what extent a veteran’s (iv) service is qualifying service: the degree of impairment caused by a medical condition: 10 15 (b) a decision of VANZ to decline entitlement to a veteran’s pension under Part 6 on the basis that the service on which a claim for entitlement is based is not qualifying 20 operational service.
(2) Subsection (1) does not limit or affect any other right or ap- peal provided for under this Act.

202 Procedure for reviews (1) (2) The procedure for reviews may be prescribed in regulations 25 made under section 250.

Regulations referred to in subsection (1) prescribing the pro- cedure for reviews— (a) may prescribe different procedures to apply in respect of different types of review; and (b) must not be inconsistent with the provisions of this sub- part.
203 Application for review (1) A review application is made by giving an application that complies with subsection (2) to VANZ.

30 35 122 Veterans’ Support Bill Part 7 cl 205 (2) The application must— (a) (b) (c) be in writing: be made on the form provided by VANZ for the purpose: identify the decision or decisions in respect of which it is made: state the grounds on which it is made.
(d) (3) An applicant may also provide written submissions and any information (whether prepared by the applicant or any other person) in support of the application.

Compare: 2001 No 49 s 135 5 10 204 Time limit for application for review (1) The applicant must apply for review within 6 months after receiving notification of the decision.

(2) However, a review application may be made later if the review officer is satisfied that the delay was caused by circumstances 15 beyond the applicant’s control.
Compare: 1954 No 54 s 15D(1) 205 Review to be conducted by review officer or review panel (1) A review of the decision must be conducted by a review officer (2) (3) unless subsection (2) applies.
This subsection applies to a review of a decision of VANZ— to decline entitlement under this Act on the basis that (a) the service on which the claim for entitlement is based is not qualifying service; or to decline entitlement to a veteran’s pension under Part 25 6 on the basis that the service on which a claim for en- titlement is based is not qualifying operational service.
(b) 20 If subsection (2) applies— (a) (b) the review must be conducted by the review panel in- stead of a review officer; and this subpart applies, with all necessary modifications, to a review by the review panel as if the review were conducted by a review officer.

30 123 Part 7 cl 206 Veterans’ Support Bill 206 Conduct of review (1) A review officer must act independently when conducting a review.
(2) A review officer must not conduct a review if the review officer (3) (b) (c) has had any previous involvement with the claim other than as 5 a review officer.
The review officer must— (a) decide the review on the basis of its substantive merits under this Act: conduct the review on the papers without a hearing: comply with— (i) (ii) (iii) (iv) the principles of natural justice; and the principles specified in section 14(b); and section 15; and any other relevant provision of this Act and any 15 regulations made under this Act in accordance with section 202.
10 Compare: 1954 No 54 s 15B(1)(a) 207 Review officer may require further information or (1) (2) (3) 20 assessment The review officer may require the applicant or VANZ to pro- vide any information that the review officer considers is rea- sonably necessary to decide the review.

The review officer may seek an assessment of the person’s im- pairment only if the review officer considers that the assess- 25 ment is reasonably necessary to decide the review.
The medical assessment must be conducted in accordance with any regulations made under section 250 for the conduct of medical assessments.

Compare: 1954 No 54 s 15B(1)(b), (c) 30 208 Decision of review officer The review officer must— (1) (a) confirm the decision; or (b) modify the decision; or revoke the decision; or (c) 124 35 (2) Veterans’ Support Bill Part 7 cl 210 (d) make any other decision that is appropriate to the cir- cumstances of the case.
If the review officer revokes the decision, the review officer must— (a) substitute the review officer’s decision for that of 5 VANZ; or require VANZ to make the decision again in accordance with directions that the review officer gives to VANZ.

(b) Compare: 1954 No 54 s 15D(3) Veterans’ Service Review Panel 209 Veterans’ Service Review Panel (1) The general manager may appoint a Veterans’ Service Review Panel (the review panel)— from time to time; or (a) (b) in respect of a particular review.
The review panel has the function specified in subsection (3) in relation to a review of a decision of VANZ— (a) to decline entitlement under this Act on the basis that the service on which the claim for entitlement is based is not qualifying service; or to decline entitlement to a veteran’s pension under Part 6 on the basis that the service on which a claim for en- titlement is based is not qualifying operational service.
The function of the review panel is to conduct the review in accordance with section 205(3).

(b) 210 Membership of review panel (1) The general manager must only appoint members who, in the general manager’s view, have qualifications and experience that are relevant to the review panel’s function.

The review panel must comprise— (a) an employee or contractor of the New Zealand Defence Force; and a person nominated by the Royal New Zealand Re- turned and Services’ Association (the RSA member).
(b) (2) (3) (2) 10 15 20 25 30 125 Part 7 cl 211 Veterans’ Support Bill 211 Review panel may seek and receive further information (1) The review panel may seek and receive any information that the review panel considers reasonably necessary to decide the review from any person with relevant expertise (for example, an historian).

The review panel’s ability to seek and receive information under this section is in addition to the ability to require infor- mation under section 207(1).
(2) 5 212 Decision stands if panel unable to agree If the members of the review panel are unable to agree how to 10 decide a review, the decision under review is to be treated as if it has been confirmed by the review panel.
213 RSA member (1) The RSA member of the review panel is entitled, in accordance with the fees framework,— (a) to receive remuneration for services as a member at a rate and of a kind determined by the Minister; and to be reimbursed for actual and reasonable travelling and other expenses incurred in carrying out his or her office as a member.

(b) (2) (3) For the purposes of subsection (1), fees framework has the same meaning as in section 10 of the Crown Entities Act 2004.
The RSA member may resign at any time by giving written notice to the general manager.

Subpart 3—Appeal against review decision Appeal to appeal board 15 20 25 214 Appeal against review decision (1) A review decision made under subpart 2 may be appealed by the person who applied for the review or by VANZ.

(2) An appeal is brought by the appellant giving a notice of appeal 30 in the prescribed form to the other party.

(3) An appeal must be brought within 6 months after the date of the review decision.
126 Veterans’ Support Bill Part 7 cl 215 (4) However, the appeal board may, in its discretion, extend the time for bringing an appeal if the appeal board thinks an ex- tension is in the interests of justice.

(5) As soon as practicable after an appeal is brought, VANZ must provide to the appeal board— (a) (b) (c) the notice of appeal; and the review decision under appeal; and any application, written submissions, statements, re- ports, and other documents held by VANZ that relate to the review decision.
5 10 (6) VANZ must provide a copy of the documents provided to the appeal board under subsection (5)(c) to the other party.

215 Hearing and determination of appeal (1) An appeal made to the appeal board is a de novo appeal, and the appeal board is not bound by any findings of fact made by 15 the decision maker whose decision is the subject of the appeal.

(2) Appeals must, in accordance with section 15, be heard and determined without regard to legal or procedural technicali- ties.
The appeal board may, for the purposes of hearing an ap- 20 peal,— (a) (3) receive any evidence or information that, in its opinion, may assist it to determine the appeal, whether or not that evidence or information would be admissible in a court of law: take evidence on oath or affirmation, and for that pur- pose an oath or affirmation may be administered by the chairperson of the appeal board: permit a witness to give evidence by any means, includ- ing by written or electronic means, and, if the appeal 30 board considers it appropriate, require the witness to verify the evidence by oath or affirmation.
25 (b) (c) (4) (5) The appeal board may, on application or on its own initiative, hear an appeal or part of an appeal in private.

The appeal board must comply with— (a) (b) the principles of natural justice; and the principles specified in section 14(b); and 35 127 Part 7 cl 216 Veterans’ Support Bill (c) (d) section 15; and any other relevant provision of this Act and any regula- tions made under section 250 of this Act.
Compare: 1954 No 54 s 18; 2013 No 60 s 14 216 Composition of appeal board (1) (2) Every appeal must be heard by not fewer than 3 members, 1 of whom must be a medical practitioner.

Every appeal must be determined by a majority of the votes of the members hearing the appeal, and the person for the time being acting as the chairperson has a casting vote if voting is 10 equal.
Compare: 1954 No 54 s 8(3), (8) 217 Power to require documents The appeal board may, for the purposes of hearing an appeal, require any person to— (a) produce any documents or things in that person’s pos- session or control or copies of those documents or things: allow copies or representations of those documents or things to be made: verify by statutory declaration any written information, copies of documents, or representations of things pro- vided to the inquiry.
(b) (c) Compare: 2013 No 60 s 20 218 Power to summon witnesses (1) The appeal board may issue a witness summons in writing to any person, requiring that person to attend and give evidence at a hearing before the appeal board.
The witness summons must state— (a) the place where, and the date and time when, the person 30 is to attend; and the documents or things in that person’s possession or control that he or she is required to produce to the appeal board; and the person’s entitlement to be paid costs and travelling 35 expenses, in accordance with section 220; and (b) (c) (2) 128 5 15 20 25 Veterans’ Support Bill Part 7 cl 222 the penalty for failing to attend.
(d) Compare: 2013 No 60 s 23 219 Service of summons on witness (1) Unless a witness has consented to service by another means, a summons must be served personally on that witness by de- 5 livering a sealed copy of the summons to the witness not later than 24 hours before the witness must attend the hearing.

(2) Despite subsection (1), the appeal board may direct substi- tuted service in accordance with the High Court Rules.
Compare: 2013 No 60 s 24 10 220 Reimbursement of witness A person summoned to attend a hearing as a witness is en- titled to be paid for his or her reasonable costs and travelling expenses, at the level prescribed by regulations made under section 250 of this Act or, in the absence of regulations, de- 15 termined by the appeal board.
Compare: 2013 No 60 s 25 221 Offence to fail to comply with summons Any person who intentionally fails to attend a hearing in ac- cordance with the notice of summons commits an offence and 20 is liable, on conviction, to a fine not exceeding $10,000.
Compare: 2013 No 60 ss 29, 30 222 Decision of appeal board The appeal board must— (1) (a) confirm the review decision; or (b) modify the review decision; or (c) revoke the review decision; or (d) make any other decision that is appropriate to the cir- 25 cumstances of the case.
(2) If the appeal board revokes the review decision, the appeal 30 board must— (a) substitute the appeal board’s decision for that of the re- view officer or the review panel (as the case may be); or 129 Part 7 cl 223 Veterans’ Support Bill (b) require VANZ to make the decision again in accordance with directions that the appeal board gives to VANZ.
223 Decision to be made available unless publication prohibited or restricted (1) A decision of the appeal board must be in writing and be signed 5 (2) (3) by the members of the board who heard the appeal.

Subject to subsection (3), VANZ must make decisions of the appeal board available on its Internet site.
The appeal board may, on application by the appellant or on its own initiative, make an order prohibiting or restricting the 10 publication of— (a) (b) (c) any report of a hearing: the decision or any part of a decision: the name of any person and any details of the decision that would identify the person.

15 (4) Any person who contravenes an order made under subsec- tion (3) commits an offence and is liable on conviction to a fine not exceeding $5,000.
224 Appeal to High Court on questions of law An appeal against a determination of the appeal board may be 20 made to the High Court, in accordance with the rules of court, only on a question of law.

Veterans’ Entitlements Appeal Board 225 Veterans’ Entitlements Appeal Board (1) This section establishes the Veterans’ Entitlements Appeal 25 Board (the appeal board).

The function of the appeal board is to determine appeals against review decisions.
The appeal board may, subject to any provision in this Act or regulations made under this Act, regulate its own procedure.
30 (2) (3) 226 Membership of appeal board (1) The appeal board consists of not more than 4 members of which— 130 Veterans’ Support Bill Part 7 cl 228 (a) (b) 1 must be a lawyer (within the meaning of the Lawyers and Conveyancers Act 2006) who has at least 7 years’ standing; and 2 must be medical practitioners, 1 of whom must be nominated by the Royal New Zealand Returned and 5 Services’ Association.
The Minister must appoint members of the appeal board on any terms and conditions that the Minister thinks fit.

The Minister must appoint a chairperson (who must be the member appointed under subsection (1)(a)) and a deputy 10 chairperson.

If the chairperson and the deputy chairperson are both absent from any meeting, the remaining members may appoint one of their number to act as chairperson at that meeting.
(2) (3) (4) 15 227 Deputy members (1) For each member that the Minister appoints, the Minister may appoint a deputy member to act in the place of the member if the member is not available to attend and deliberate on an appeal.

Every deputy member of the appeal board who acts in the place 20 of a member of the appeal board has the powers and capacity of the member, and the fact that any deputy acts in the place of a member is proof of the deputy’s authority to do so.
(2) 228 Specialist member (1) The chairperson may appoint a specialist member to assist the 25 members of the appeal board hearing an appeal if— (a) the appeal involves technical, scientific, or medical mat- ters; and the appointment of a specialist member would substan- tially assist the members of the appeal board to deter- 30 mine the appeal.
(b) (2) A specialist member may participate in the hearing of the ap- peal to the same extent as the other members hearing the ap- peal, except that the specialist member may not vote.

131 Part 7 cl 229 Veterans’ Support Bill (3) A specialist member is appointed only for the purposes of a particular appeal and ceases to hold office when the members of the appeal board have determined the appeal.
229 Appeal board serviced by VANZ VANZ must provide the resources and administrative support 5 necessary to enable the appeal board to efficiently and effect- ively perform its functions.

230 Term of appointment (1) The term of office of a member of the appeal board must not exceed 3 years.

10 (2) A member of the appeal board may be reappointed.

(3) A member may resign at any time by giving written notice to (4) the Minister.
The Minister may at any time remove a member of the appeal board for inability to perform the functions of a member of the 15 appeal board, bankruptcy, neglect of duty, or misconduct.
231 Remuneration of members of appeal board (1) Each member of the appeal board is entitled, in accordance with the fees framework,— (a) to receive remuneration for services as a member at a 20 rate and of a kind determined by the Minister; and to be reimbursed for actual and reasonable travelling and other expenses incurred in carrying out his or her office as a member.

(b) (2) For the purposes of subsection (1), fees framework has the 25 same meaning as in section 10 of the Crown Entities Act 2004.
Part 8 Advisory bodies and medical research trust fund Subpart 1—Veterans’ Advisory Board 30 232 Veterans’ Advisory Board (1) This section establishes the Veterans’ Advisory Board (the ad- visory board).

132 Veterans’ Support Bill Part 8 cl 234 (2) (3) (4) The function of the advisory board is to provide advice to the Minister on its own motion or upon request, including advice on policies to be applied in respect of veterans’ entitlement.
The Minister may give terms of reference on the advice that the advisory board provides to the Minister.

The advisory board may, subject to any provision of this Act or regulations made under this Act, determine its own procedure.

5 233 Membership of advisory board (1) (2) The advisory board consists of not more than 7 members.

The Minister must appoint members of the advisory board on 10 any terms and conditions that the Minister thinks fit.
The Minister must appoint a chairperson and a deputy chair- person of the advisory board.

If the chairperson and the deputy chairperson are both absent from any meeting, the remaining members may appoint one of 15 their number to act as chairperson at that meeting.

The Minister must endeavour to appoint members who are rep- resentative of the veteran community.
The general manager and any veterans group may nominate a person for appointment as a member and the Minister must 20 have regard to, but is not bound by, the nomination.

The Minister may, by notice in writing to a member, remove the member from office for misconduct, inability to perform the functions of office, or neglect of duty.
234 Deputy members (1) 25 For each member that the Minister appoints, the Minister may appoint a deputy member to act in the place of the member for whom he or she is deputy while the member is unable to attend any meeting of the advisory board.

Every deputy member of the advisory board, while so acting, 30 will have the powers and capacity of a member of the advisory board, and the fact that any deputy attends a meeting is proof of the deputy’s authority to do so.
(3) (4) (5) (6) (7) (2) 133 Part 8 cl 235 Veterans’ Support Bill 235 Meetings of advisory board (1) Meetings of the advisory board are to be held at the times and places that the advisory board or the chairperson may from time to time determine.

The quorum for the advisory board is 4 members.

Every matter to be decided at a meeting of the advisory board must be determined by a majority of the votes of the members present and voting on it.
(2) (3) (4) At any meeting of the advisory board, the person for the time 5 being acting as the chairperson has a deliberative vote and, if 10 the voting is equal, has a casting vote.

236 Advisory board serviced by VANZ VANZ must provide the resources and administrative support necessary to enable the advisory board to perform its func- tions.

15 237 Term of appointment (1) The term of office of a member of the advisory board must not exceed 3 years.

(2) A member of the advisory board may be reappointed.
(3) A member may resign at any time by written notice to the 20 Minister.

238 Remuneration of members of advisory board (1) Each member of the advisory board, other than the ex offi- cio members, is entitled, in accordance with the fees frame- work,— (a) to receive remuneration for services as a member at a rate and of a kind determined by the Minister; and to be reimbursed for actual and reasonable travelling and other expenses incurred in carrying out his or her office as a member.
(b) (2) For the purposes of subsection (1), fees framework has the same meaning as in section 10 of the Crown Entities Act 2004.

134 25 30 Veterans’ Support Bill Part 8 cl 240 Subpart 2—Specialist Medical Advisory Panel 239 Specialist Medical Advisory Panel (1) (2) This section establishes the Specialist Medical Advisory Panel (the advisory panel).
The functions of the advisory panel are— (a) to provide advice and guidelines to the Minister and the Chief of Defence Force on— (i) 5 assessing the relationship between qualifying op- erational service and impairment for the purpose 10 of assessing eligibility to entitlements: the impacts of service on veterans’ health: (ii) (iii) monitoring veterans’ health: (iv) conditions for which it should be presumed that deterioration after a veteran has left service is not 15 service-related: providing guidelines for medical examiners and VANZ to use in the assessment and determination of claims: (v) (b) (c) to decide how the income of the Veterans’ Medical Re- 20 search Trust Fund is to be applied for grants and awards: to carry out any other functions the Minister requires that are consistent with this Act and any other enact- ment.
(3) The advisory panel may, subject to any provision in this Act or 25 regulations made under this Act, regulate its own procedure.

240 Membership of advisory panel (1) The advisory panel consists of not more than 10 members, of whom the following are ex officio members: (a) (b) a medical practitioner nominated by VANZ: a medical practitioner nominated by the Chief of De- fence Force: a person nominated by the advisory board as its repre- sentative.
(c) 30 (2) A member appointed under subsection (1)(a), (b), or (c) 35 may attend and speak at meetings of the advisory panel but may not vote on any matter before the panel.

135 Part 8 cl 241 Veterans’ Support Bill (3) (4) (5) (6) The Minister must appoint suitably qualified persons as mem- bers of the advisory panel on any terms and conditions that the Minister thinks fit.

The Minister must appoint a chairperson and a deputy chair- person.
If the chairperson and the deputy chairperson are both absent from any meeting, the remaining members may appoint one of their number to act as chairperson at that meeting.

The Minister may, by notice in writing to a member, remove the member from office for misconduct, inability to perform 10 the functions of office, or neglect of duty.

5 241 Advisory panel serviced by VANZ VANZ must provide the resources and administrative support necessary to enable the advisory panel to perform its functions.
242 Meetings of advisory panel (1) Meetings of the advisory panel are to be held at the times and places that the advisory panel or the chairperson may from time to time appoint.

The quorum for the advisory panel is 5 members.

Every matter to be decided at a meeting of the advisory panel 20 must be determined by a majority of the votes of the members present and voting on it.
(2) (3) 15 (4) At any meeting of the advisory panel, the person for the time being acting as the chairperson has a deliberative vote and, if the voting is equal, has a casting vote.

25 243 Term of appointment (1) The term of office of a member of the advisory panel other than an ex officio member must not exceed 3 years.

(2) A member may be reappointed.

(3) A member may resign at any time by written notice to the 30 Minister.
136 Veterans’ Support Bill Part 8 cl 245 244 Remuneration of members of advisory panel (1) Every member of the advisory panel, other than the ex offi- cio members, is entitled, in accordance with the fees frame- work,— (a) to receive remuneration for services as a member at a 5 rate and of a kind determined by the Minister; and to be reimbursed for actual and reasonable travelling and other expenses incurred in carrying out his or her office as a member.
(b) (2) For the purposes of subsection (1), fees framework has the 10 same meaning as in section 10 of the Crown Entities Act 2004.

Subpart 3—Veterans’ Medical Research Trust Fund 245 Veterans’ Medical Research Trust Fund (1) The fund existing under the name of the War Pensions Medical 15 Research Trust Fund immediately before the commencement of this Act continues under the name Veterans’ Medical Re- search Trust Fund (the fund).

(2) VANZ administers the fund in accordance with this Act.
(3) The capital of the fund comprises— (a) 20 all property held by or on behalf of the War Pensions Medical Research Trust Fund on the commencement of this Act: all property held by or on behalf of the War Pensions Advisory Board immediately before the commence- 25 ment of this Act: all money paid into the fund by way of grants, dona- tions, or gifts: all property held by the Crown as capital of the fund: all money derived from the sale of any property held by 30 the Crown as capital of the fund: all income transferred to capital under section 246(3).
(4) (f) The income of the fund comprises— (a) all income derived from the investment of money by VANZ under section 248: all income derived from the administration of property held by the Crown as capital of the fund: 35 (b) (c) (d) (e) (b) 137 Part 8 cl 246 Veterans’ Support Bill (c) (d) all money derived from the leasing of land: all other money not forming part of the capital of the fund.
Income to be applied for grants and awards 246 (1) VANZ must apply the income of the fund by making grants or 5 awards for the purpose of research into any field of medicine that the advisory panel considers may be beneficial for vet- erans.

(2) VANZ must meet the costs incurred in the administration of the fund from the income.

(4) (3) VANZ may transfer any income of the fund that is not required for expenditure under subsections (1) and (2) to the capital of the fund.
In making decisions in respect of grants or awards under sub- section (1), the advisory panel must— (a) (b) act fairly and transparently; and implement systems and procedures to enable it to give effect to the principle set out in paragraph (a); and (c) make information about those systems and procedures (d) available on VANZ’s Internet site; and include in the annual report of the fund under section 247 a report on its implementation of those systems and procedures.
10 15 20 (2) 247 Annual report and audit of fund (1) VANZ must prepare an annual report of the fund, including an- 25 nual financial statements prepared in accordance with gener- ally accepted accounting practice (within the meaning of sec- tion 2(1) of the Public Finance Act 1989).

The fund is to be treated as a public entity as defined in section 4 of the Public Audit Act 2001 and, in accordance with that 30 Act, the Auditor-General is its auditor.
The Auditor-General must, when carrying out a financial re- port audit of the fund under section 15 of the Public Audit Act 2001, report on the fund’s implementation of the systems and procedures referred to in section 246(4)(b).

(3) 35 138 Veterans’ Support Bill Part 9 cl 249 248 Capital to be invested in accordance with Trustee Act 1956 (1) Any money, being capital of the fund, held by the Crown may be invested, but only in accordance with the Trustee Act 1956.
(2) However, VANZ is not obliged to convert any securities that 5 are gifted to the fund and that are not securities in which VANZ may invest money under subsection (1).

(3) VANZ may invest any income of the fund in any manner au- thorised for the investment of capital under subsection (1).

If at any time the income of the fund is insufficient for the 10 purposes of section 246, VANZ may, to the extent of the insufficiency, use the capital of the fund for those purposes.
(4) Part 9 Miscellaneous Subpart 1—Notification 15 249 How documents given or information notified (1) This section applies when— (a) (b) this Act requires a document to be given to a person; or this Act requires a person to be notified of any informa- tion, and references in this section to a document being 20 given must be applied accordingly.
(3) (2) A document that this Act requires to be given to a person must be given by the method in subsection (3) that the person re- quired to give the document considers is most likely to ensure that the document reaches the person.
The methods by which a document may be given are— personally delivering it to the person; or (a) posting it to a usual address of the person; or (b) sending it to the person by fax or some other electronic (c) means; or providing it to the person in a manner approved by the person.

(d) (4) A document personally delivered under subsection (3)(a) must, if delivered to a corporate body, be delivered to the cor- porate body’s offices during working hours.
139 25 30 35 Part 9 cl 250 Veterans’ Support Bill (5) A document posted under subsection (3)(b) is deemed to have been delivered to the person at the time it would have been delivered in the ordinary course of post.

For the purposes of proving delivery,— (a) it is sufficient to prove that the document was properly 5 addressed; and the document is presumed, in the absence of proof to the contrary, to have been posted on the day on which it was dated.
(b) (6) A document sent under subsection (3)(c) is deemed, in the 10 absence of proof to the contrary, to be delivered on the day after the day on which it is sent, and it is sufficient proof of sending that a correct machine-generated acknowledgement of receipt exists.

This section is subject to any provision of this Act that specif- 15 ically provides how a document is to be given.
(7) Subpart 2—Regulations 250 Regulations (1) The Governor-General may, by Order in Council, make regu- lations for the purposes of 1 or more of the following provi- 20 sions: (1) 25 section 7 (definitions of accepted late-onset condition and treatment provider): section 13 (specifying which organs are paired or- gans): section 16 (specifying conditions linked to specific ex- posure or specific events): section 17 (application of statements of principle under Australian legislation): sections 23 and 24 (indexation of certain entitle- 30 ments): section 39 (travel costs associated with medical treat- ment): section 48 (rates of disablement pension): section 49 (transitional provision for disablement pen- 35 sion): section 52 (rate of weekly income compensation): (2) (3) (4) (5) (6) (7) (8) (9) 140 Veterans’ Support Bill Part 9 cl 250 (10) section 54 (abatement of weekly income compensa- tion): (11) section 58 (retirement lump sum): (12) section 59 (rate of surviving spouse or partner pen- sion): (13) section 60 (provision of financial advice to surviving spouse or partner): (14) section 65 (rate of children’s pension): (15) section 69 (rate of dependant’s pension): (16) section 74 (rate of children’s bursary): (17) section 81 (vocational services and assistance for spouse or partner of veteran): (18) section 87 (election to receive lump sum payment): (19) section 90 (provision of financial advice to veteran): (20) section 93 (reduction of weekly compensation): (21) section 99 (retirement lump sum): (22) section 106 (transport costs associated with medical treatment): (23) section 133 (limits on scope of independence pro- gramme): (24) section 137 (veterans’ independence programme): (25) section 138 (aids and appliances): (26) section 141 (motor vehicle loans): (27) section 143 (funeral expenses if death due to qualify- ing service): (28) section 144 (funeral expenses if death not due to quali- fying service): (29) section 155 (rates of veteran’s pension): (30) section 157 (annual adjustment of rates of veteran’s
 pension): (31) section 161 (lump sum payment on death): (32) section 196 (payments to other than claimants): (33) section 199 (fees and allowances of assessors): (34) section 202 (procedure for reviews): (35) section 207 (conduct of medical assessments): (36) section 214 (notice of appeal): (37) section 215 (procedure for appeals): (38) section 220 (reimbursement of witnesses): (39) section 225 (procedure of appeal board): 141 Part 9 cl 251 Veterans’ Support Bill (40) section 232 (procedure of advisory board): (41) section 239 (procedure of advisory panel): (42) Schedule 2 (entitlements).
The Governor-General may, by Order in Council, make regu- lations for any other matters contemplated by this Act, neces- 5 sary for its administration, or necessary for giving it full effect.
(2) 251 Regulations relating to rehabilitation (1) For the purposes of Part 4 and Schedule 2, the Governor- General may, on the recommendation of the Minister, by Order in Council, make regulations— (a) prescribing the costs that VANZ is liable to pay for the entitlement of rehabilitation: prescribing the circumstances in which, and the method by which, VANZ must make any payment for rehabili- tation: prescribing the circumstances in which, and the method by which, VANZ may make arrangements, and make contributions, for rehabilitation: prescribing the persons to whom those payments may be made.
(b) (c) (d) (2) The Minister must not make any recommendation under sub- section (1) without first receiving a recommendation from VANZ and consulting the persons or organisations the Minis- ter considers appropriate, having regard to the subject matter of the proposed regulations.
(3) Without limiting the matters that may be prescribed by regu- lations, regulations made under subsection (1) may— (a) prescribe— (i) (ii) a percentage, or different percentages, of the total costs to be paid by VANZ; or a specified amount, or specified amounts, that VANZ is liable to pay in respect of those costs in specified circumstances: 10 15 20 25 30 (b) provide that VANZ is liable to make payments in respect of costs only to the extent that costs exceed amounts 35 specified in the regulations: 142 (c) (d) (e) (b) Veterans’ Support Bill Part 9 cl 251 provide that VANZ is liable to make payments in respect of rehabilitation only if a person who is a member of a class prescribed in the regulations— (i) (ii) (iii) provides rehabilitation; or refers a claimant to rehabilitation; or directly supervises the provision of rehabilita- tion: provide that VANZ— (i) must not pay any of the cost of specified rehabili- tation; or is liable to pay some or all of such costs only if conditions specified in the regulations or by VANZ are met: 5 10 an amount that the veteran or claimant must or 15 must not pay for rehabilitation that is treatment; or a percentage that the veteran or claimant must or must not pay of the total amount payable for treatment.
20 (ii) (ii) prescribe— (i) (4) Without limiting the matters that may be prescribed by regu- lations, regulations made under subsection (1) may contain different provisions in respect of— (a) payments relating to work-related injury or illness and payments relating to other injury or illness: payments relating to claimants based on either or both of the following— (i) the need of a veteran or claimant as assessed by VANZ: assessments conducted by or on behalf of any 30 other relevant government agency.
(ii) 25 (c) payments to persons not resident in New Zealand at the time of receiving the payments.
Compare: 2001 No 49 s 324 143 Part 9 cl 252 Veterans’ Support Bill 252 Regulations relating to ancillary services for treatment (1) or rehabilitation For the purposes of clauses 3 and 11 of Schedule 2, the Governor-General may, on the recommendation of the Minis- ter, by Order in Council, make regulations— (a) 5 prescribing the costs that VANZ is liable to pay or con- tribute to paying in respect of 1 or more ancillary ser- vices that facilitate rehabilitation provided by VANZ in New Zealand: prescribing the circumstances in which, and the method 10 by which, VANZ is liable for any payment for 1 or more services ancillary to rehabilitation: prescribing the circumstances in which, and the method by which, VANZ may make arrangements, and make contributions, for 1 or more services ancillary to re- 15 habilitation: prescribing the conditions that must be met, and the matters that must be taken into account: prescribing the persons to whom those payments may be made.
20 (b) (c) (d) (e) (2) The Minister must not make any recommendation under sub- section (1) without first consulting the persons or organisa- tions the Minister considers appropriate, having regard to the subject matter of the proposed regulations.
(3) Without limiting the matters that may be prescribed by regu- 25 lations, regulations made under subsection (1) may— (a) prescribe the circumstances in which VANZ is liable to pay or contribute to the costs of 1 or more ancillary services that facilitate rehabilitation, examples of which are that the service— (i) (ii) is necessary and appropriate: is or will be provided by a person who is an ap- propriate provider of the particular ancillary ser- vice: has been or will be provided only on the number 35 of occasions necessary for that purpose: has been agreed in an individual rehabilitation plan, if a plan has been agreed: 30 (iii) (iv) 144 Veterans’ Support Bill Part 9 cl 253 (v) is provided after VANZ has agreed to the re- habilitation and after VANZ has agreed to the an- cillary service in respect of the rehabilitation, un- less clause 4(2) of Schedule 2 applies: prescribe the matters that must be taken into account 5 when VANZ is deciding whether and to what extent ancillary services that facilitate rehabilitation should be provided, including such matters as— (i) (ii) (iii) the nature and severity of the injury: the rehabilitation outcome that will be achieved: 10 the claimant’s assessed need for the ancillary ser- vices: the other options available to meet the need: the cost of the service and of the other options, compared with the benefit that the claimant is 15 likely to receive from the ancillary service: the responsibilities of the person in relation to his or her rehabilitation: the geographic location in which the person lives: (vii) provide that VANZ is to make payments only if speci- 20 fied service thresholds have been exceeded.
(iv) (v) (vi) (b) (c) Compare: 2001 No 49 s 325 253 Regulations relating to lump sum compensation or (1) (2) independence allowance For the purposes of Part 3 of Schedule 2, the Governor-Gen- 25 eral may, on the recommendation of the Minister, by Order in Council, make regulations specifying when a claimant’s con- dition is to be regarded as stabilised for the purposes of clause 52 of Schedule 2.
The Governor-General may, on the recommendation of the 30 Minister, by Order in Council, make regulations for the pur- poses of Part 3 of Schedule 2 to give effect to those provi- sions, including regulations that— (a) refer to, or incorporate by reference, in whole or in part, the American Medical Association Guides to the Evalu- 35 ation of Permanent Impairment: refer to, or incorporate by reference, guides, frame- works, or other standards: (b) 145 Part 9 cl 254 Veterans’ Support Bill (c) (d) (e) (f) (g) (h) (i) 5 prescribe an assessment tool that in itself may refer to, or incorporate by reference, in whole or in part, any thing referred to in paragraph (a) or (b): do any combination of the things referred to in para- graph (a), (b), or (c): amend the lump sum compensation amounts or in- dependence allowance payable under clause 51 of Schedule 2: prescribe calculations and rules for determining the combined effects of injury or illness on a claimant 10 who has suffered more than 1 injury or illness, for the purposes of clause 53(5) of Schedule 2: prescribe calculations and rules for adjusting the whole- person impairment score of a claimant to take into ac- count the effect of injuries suffered before 1 April 2002: 15 prescribe the scale of lump sum compensation amounts or independence allowance payable in respect of differ- ent degrees of whole-person impairment under clauses 51 and 54 of Schedule 2 so that the amount increases exponentially or otherwise as the degree of impairment 20 increases: prescribe such other matters as may be desirable to en- able the assessment, calculation, and payment of lump sums or independence allowance.
(3) The Minister must not make any recommendation under sub- 25 section (1) or (2) without first consulting the persons or or- ganisations that the Minister considers appropriate, having re- gard to the subject matter of the proposed regulations.

(4) Any material incorporated by reference under subsection (2)(a) must be incorporated in accordance with, and subject 30 to, subpart 2 of Part 3 of the Legislation Act 2012.
Subpart 3—Offences 254 Offence to mislead VANZ (1) A person commits an offence if the person, for the purpose described in subsection (2) or with the result described in 35 subsection (3),— 146 Veterans’ Support Bill Part 9 cl 255 (a) makes any statement knowing it to be false in any ma- terial particular; or (b) wilfully does or says anything, or omits to do or say anything, for the purpose of misleading or attempting to mislead VANZ or any other person concerned in the 5 administration of this Act.
The purpose is— (a) for the person to receive or continue to receive any pay- ment or entitlement; or for another person to receive or continue to receive any 10 payment or entitlement.

The result is— (a) that the person receives or continues to receive any pay- ment or entitlement, whether or not entitled to it under this Act; or that another person receives or continues to receive any payment or entitlement, whether or not entitled to it under this Act.
(2) (3) (b) (b) (4) A person who commits an offence against this section is liable on conviction— to imprisonment for a term not exceeding 3 months; or (a) (b) to a fine not exceeding $5,000.
Compare: 1954 No 54 s 92; 2001 No 49 s 308 15 20 255 Offence not to provide earnings information to VANZ (1) first week compensation: This section applies to a person who is receiving any of the 25 following entitlements: (a) (b) weekly compensation: (c) (d) weekly income compensation: a veteran’s pension under— (i) section 148 or 149 if the pension is subject to abatement under section 158(1); or section 150: 30 (ii) a dependent’s pension.
(e) (2) A person to whom this section applies commits an offence 35 if,— (a) after he or she began receiving any payment for the en- titlements, his or her earnings have increased in such a 147 Part 9 cl 256 Veterans’ Support Bill way as to reduce the entitlement payable to him or her; and he or she fails to advise VANZ of the matters in para- graph (a) as soon as practicable.

(b) (3) A person who commits an offence against this section is liable 5 on conviction to a fine not exceeding $5,000.
Compare: 2001 No 49 s 310 256 Offence not to provide requested information to VANZ (1) This section applies to— (a) (b) an employer or a former employer of a claimant: a person who has provided any rehabilitation to a claimant: a person who has sought or received any payment in respect of a claimant.
10 (c) (2) A person to whom this section applies must provide VANZ 15 with any information or statement, when requested to do so by VANZ, for the purposes of facilitating decisions about cover and the timely and appropriate provision of entitlements, or detecting fraud.

(3) A person to whom this section applies commits an offence if 20 the person refuses or fails to supply, without reasonable ex- cuse, the information or statement requested under subsec- tion (2).
This section does not apply unless the claimant has authorised the request being made and the person to whom the request is 25 made has notice of that authorisation.

(4) (5) A person who commits an offence against this section is liable on conviction to a fine not exceeding $2,000.
Compare: 2001 No 49 s 309 257 Offence to demand or accept assignment or charge of 30 entitlement (1) A person must not, in relation to any entitlement under this Act, demand or accept any certificate, acknowledgment, or undertaking that would constitute a legal or an equitable as- signment of or a charge upon the entitlement (if the entitlement 35 were capable of being legally assigned or charged).
148 Veterans’ Support Bill Part 9 cl 262 (2) A person who contravenes subsection (1) commits an of- fence and is liable on conviction to a fine not exceeding $500.
Compare: 1954 No 54 s 89(2); 1964 No 136 s 84(2) 258 Time for filing charge Despite anything to the contrary in section 25 of the Criminal 5 Procedure Act 2011, the limitation period in respect of an of- fence against this Act, or any regulations made under it, ends on the date that is 12 months after the date on which the facts alleged in the charging document are brought to the knowledge of the person by whom the proceedings are instituted.
Compare: 1954 No 54 s 93 10 259 General fine for offences A person who commits an offence against this Act or any regu- lations made under it for which no fine is provided in this Act or its regulations, otherwise than in this section, is liable on 15 conviction to a fine not exceeding $500.

Compare: 2001 No 49 s 315 Subpart 4—Repeals, transitional provisions, and consequential amendments 260 Repeals 20 The War Pensions Act 1954 (1954 No 54) and the Veterans’ Affairs Act 1999 (1999 No 76) are repealed.
261 Application, savings, and transitional provisions The application, savings, and transitional provisions set out in Schedule 1 have effect for the purposes of this Act.

25 262 Consequential amendments Amend the enactments specified in Schedule 4 as set out in that schedule.
149 Part 9 cl 263 Veterans’ Support Bill Subpart 5—Other matters 263 Veteran officially reported as missing (1) This section applies in relation to a veteran who is officially reported as missing while on qualifying operational service.

(2) No pensions, benefits, or entitlements payable if the veteran 5 (3) had been officially reported as having died while on qualifying operational service are payable until the veteran is officially re- ported as having died while on qualifying operational service.
If the veteran is officially reported as having died while on qualifying operational service and is subsequently found to 10 be alive, then all pensions, benefits, and entitlements are can- celled on and from the date on which the veteran is found to be alive.
264 Arrangements with other countries (1) The Minister may enter into arrangements with the appropriate 15 authority in any other country providing that the appropriate department of State of that country is to act in that country as agent for the Defence Force for any purpose under this Act, and that the Defence Force is to act in New Zealand as agent for that department of State for any purpose under any analo- 20 gous law of that country.
There must be paid out of a Crown Bank Account, from money appropriated by Parliament for the purpose, all money required to be expended by the Minister or the Defence Force for the purpose of giving effect to any arrangement entered into under 25 this section.

(2) (3) Without limiting the power to make regulations conferred by section 250, regulations may be made under that section to give full effect to the provisions of this section and to any arrangement entered into by the Minister under this section.
(4) Any regulations made in accordance with subsection (3) may, so far as they relate to any particular arrangement, be made to come into force on the date on which the arrangement was entered into, even if that date is before the date of the making of the regulations.
30 35 150 Veterans’ Support Bill Part 9 cl 265 265 When the Crown not liable to pay compensation or damages for death or disablement of veterans (1) No proceedings for compensation or damages lie against the Crown or any officer of the Crown in respect of the death or disablement of a veteran if— (a) any entitlement has at any time been provided or is be- ing provided under this Act in respect of the death or disablement; or (b) VANZ has determined that, for the purposes of this Act, 5 the death or disablement is attributable to, or is deemed 10 to be attributable to, the service of the veteran with the armed forces, or that the condition that resulted in the death or disablement was aggravated by his or her ser- vice with the armed forces.
(2) However, subsection (1) does not exempt an officer of the 15 Crown from liability for any act or omission in any case where the court is satisfied that the act or omission was not connected with the execution of his or her duties as an officer of the Crown.

(3) Any determination of VANZ under subsection (1) may be 20 made by VANZ whether or not a claim for an entitlement has been made under this Act.
(4) A certificate by the Chief of Defence Force to the effect that VANZ has determined that, for the purposes of this Act, the death or disablement of a veteran is attributable to, or 25 is deemed to be attributable to, his or her service with the armed forces, or that the condition that resulted in the death or disablement of the veteran was aggravated by his or her service with the armed forces, is for the purposes of this section conclusive as to the fact that it certifies.
30 151 Schedule 1 Veterans’ Support Bill ss 6, 261 Schedule 1 Application, savings, and transitional provisions Part 1 Savings Allowances for services of attendant in certain cases Section 29 of the War Pensions Act 1954 continues in force, as if this Act had not been passed, but only for the persons who (immediately before the commencement of this Act) were receiving allowances under that section.
5 10 Additional payments for decorations awarded Section 29A of the War Pensions Act 1954 and Part 5A of the War Pensions Regulations 1956 continue in force as if this Act had not been passed, but only for the persons who (immedi- ately before the commencement of this Act) were receiving or 15 entitled to receive an annuity or allowance in addition to his or her pension.
Continuation of allowances, grants, concessions, and loans Any other pension allowance, grant, concession, or loan granted to a veteran or surviving spouse of a veteran under 20 the War Pensions Act 1954 and the War Pensions Regulations 1956 and current immediately before the commencement of this Act continues as if this Act had not been passed.
Reviews and appeals Any review or appeal under the War Pensions Act 1954 insti- 25 tuted but not concluded at the commencement of this Act may be continued and concluded as if this Act had not been passed.
Part 2 Transitional provisions Certain allowances continued for period 1 July 2014 to 30 June 2015 This clause applies in relation to claims made and accepted under section 49 as a consequence of a claim under section 30 (1) 152 Veterans’ Support Bill Schedule 1 Part 2—continued 40 in the period beginning on 1 July 2014 and ending on the close of 30 June 2015.

(3) (2) During that period, the allowances specified in subclause (3) are payable as if the War Pensions Act 1954 had not been re- pealed.
The allowances are the following allowances payable under the War Pensions Act 1954: attendant allowance: (a) clothing allowance: (b) travel allowance: (c) recreational travel concession.
(d) (4) A veteran becomes entitled to an allowance under this clause when— (a) (b) the veteran has completed and provided to VANZ an application form provided by VANZ; and the veteran has supplied any supporting evidence or in- formation required by VANZ and in the form required by VANZ; and VANZ has accepted the application.

(c) If an application is accepted by VANZ, the veteran’s entitle- 20 ment to the allowance is to be treated as beginning on the day on which VANZ received the application.
(5) 5 10 15 153 Schedule 2 Veterans’ Support Bill Schedule 2 Entitlements Contents Part 1 Rehabilitation Treatment VANZ responsible to pay or contribute to cost of treatment When VANZ responsible for paying cost of treatment When VANZ responsible for paying or contributing to cost of ancillary services related to treatment VANZ’s prior agreement to treatment required, except in certain cases VANZ may require veteran to supply information about treatment When VANZ must not decline to pay cost of treatment Individual rehabilitation plans Preparation of individual rehabilitation plan Agreement to plan Disputes about plan VANZ and veteran may agree to modify plan Ancillary services related to rehabilitation When VANZ responsible for paying or contributing to cost of ancillary services related to rehabilitation Social rehabilitation Definitions Aids and appliances Attendant care Child care Home help Modifications to home: matters to which VANZ must have regard Modifications to home: rights and responsibilities Training for independence Transport for independence: matters to which VANZ must have regard Transport for independence: rights and responsibilities VANZ not responsible for ensuring veteran pays rehabilitation provider 154 s 78 Page 157 158 159 159 160 160 161 162 162 162 163 163 166 167 167 168 169 170 171 172 173 175 Veterans’ Support Bill Schedule 2 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Vocational rehabilitation Occupational assessor Conduct of occupational assessment Report on occupational assessment Conduct of medical assessment Report on medical assessment Part 2 Weekly compensation Meaning of relevant year Use of income tax returns in determining earnings Minimum weekly compensation VANZ to pay weekly compensation from first day of incapacity VANZ to pay weekly compensation for loss of earnings to veteran who was earner Employee in permanent employment Weekly earnings if earner had earnings as employee immediately before incapacity
 commenced: application of clause 33 Weekly earnings if earner had earnings as employee in permanent employment immediately before incapacity commenced: calculations Employee not in permanent employment Weekly earnings if earner had earnings as employee not in permanent employment immediately before incapacity commenced: application of clause 35 Weekly earnings if earner had earnings as employee not in permanent employment immediately before incapacity commenced: calculations Self-employed veteran Weekly earnings if earner had earnings as self-employed person immediately before incapacity commenced: application of clause 37 Weekly earnings if earner had earnings as self-employed person immediately before incapacity commenced: calculations Weekly earnings if self-employed veteran had earnings as a shareholder-employee in the relevant year 175 175 176 177 177 178 178 179 179 180 181 182 182 184 184 187 155 Schedule 2 Veterans’ Support Bill Shareholder-employee Weekly earnings if veteran had earnings as shareholder-employee immediately before incapacity commenced Weekly earnings if veteran as shareholder-employee had earnings as self-employed person in relevant year Aggregation of calculations Calculations for multiple employment situations Minimum rates of weekly compensation for veterans who have no recent pre-injury or pre-illness earnings Veteran no longer an employee Weekly earnings if employment ended before commencement of incapacity Employee on unpaid parental leave Weekly earnings if employee on unpaid parental leave immediately before his or her incapacity commenced Estimated earnings Interim estimation of weekly earnings that cannot be ascertained Further injury or illness Effect of further injury or illness on entitlement to weekly compensation Abatement Earnings definitions for purposes of clause 49 Estimation for abatement purposes of earnings that cannot be ascertained Abatement of compensation Part 3 Lump sum compensation for permanent impairment Lump sum
 compensation for permanent impairment Amount of lump sum compensation for permanent impairment VANZ not to assess entitlement until it receives medical certificate as to stability of veteran’s condition Assessment of entitlement to lump sum compensation Payment of lump sum compensation for permanent impairment Reassessment of entitlement to lump sum compensation Veterans’ Support Bill Schedule 2 Payment of entitlement to lump sum compensation to deceased veteran’s estate Part 4 Entitlements arising from fatal injuries Child not born at date of veteran’s death Funeral grant Survivor’s grant Weekly compensation for surviving spouse or partner Surviving spouse or partner may choose to convert weekly compensation to aggregated payment or payments Surviving spouse or partner entitled to financial advice in certain circumstances Relationship between surviving spouse’s or partner’s weekly compensation and New Zealand superannuation Election for purposes of clause 63 Weekly compensation for child Weekly compensation for other dependants Relationship between other dependant’s weekly compensation and New Zealand superannuation Election for purposes of clause 67 Maximum payments Spouse or partner status or dependency arising after date of injury or illness Child care payments Child care payments for children of deceased veteran Duration of child care payments Child care payments made to caregiver Part 1 Rehabilitation Treatment 1 VANZ responsible to pay or contribute to cost of treatment (1) VANZ is responsible for paying or contributing to the cost of the veteran’s treatment for injury or illness or illness— (a) to the extent required or permitted under an agreement or contract with any person for the provision of treat- ment; or 5
 10 157 Schedule 2 Veterans’ Support Bill Part 1—continued (b) if no such agreement or contract applies, to the extent required or permitted by regulations made under this Act.
(2) However, if subclause (1)(a) and (b) do not apply VANZ is responsible for paying the cost of treatment— (a) (b) Compare: 2001 No 49 Schedule 1 cl 1 that is appropriate in the circumstances; and as agreed by VANZ and the treatment provider.
5 When VANZ responsible for paying cost of treatment 2 (1) VANZ is responsible for paying the cost of a veteran’s treat- 10 ment if the treatment is for the purpose of restoring the vet- eran’s health to the maximum extent practicable, and the treat- ment— (a) 15 is necessary and appropriate, and of the quality re- quired, for that purpose; and has been, or will be, performed only on the number of occasions necessary for that purpose; and has been, or will be, given at a time or place appropriate for that purpose; and is of a type normally provided by a treatment provider; 20 and is provided by a treatment provider of a type who is qualified to provide that treatment and who normally provides that treatment; and has been provided after VANZ has agreed to the treat- 25 ment, unless clause 4(2) applies.
(b) (c) (d) (e) (f) In deciding whether subclause (1)(a) to (e) applies to the veteran’s treatment, VANZ must take into account— (a) (b) the nature and severity of the injury or illness; and the generally accepted means of treatment for such an 30 injury or illness in New Zealand; and the other options available in New Zealand for the treat- ment of such an injury or illness; and the cost in New Zealand of the generally accepted means of treatment and of the other options, compared 35 (c) (d) (2) 158 Veterans’ Support Bill Schedule 2 Part 1—continued with the benefit that the veteran is likely to receive from the treatment.
Compare: 2001 No 49 Schedule 1 cl 2 3 When VANZ responsible for paying or contributing to cost of ancillary services related to treatment 5 (1) VANZ is responsible for paying or contributing to the cost of any service if the service facilitates the treatment and the service is reasonably required as an ancillary service related to treatment, such as— accommodation: (a) escort for transport for treatment: (b) pharmaceuticals prescribed by a treatment provider (c) who has statutory authority to prescribe pharmaceut- icals: laboratory tests requested by a registered health profes- 15 sional: transport (whether emergency or otherwise).
(e) This clause applies subject to any regulations made under this Act.

Compare: 2001 No 49 Schedule 1 cl 3 (2) (d) 10 20 4 VANZ’s prior agreement to treatment required, except in certain cases (1) VANZ is not required to pay the costs of a veteran’s treatment unless VANZ has given its prior agreement to the treatment.
(2) However, subclause (1) does not apply if the treatment is— 25 (a) (b) of a type specified in regulations made under this Act as treatment that does not require VANZ’s prior approval; or of a type specified in or under an agreement or contract between VANZ and a treatment provider as treatment 30 that does not require VANZ’s prior approval, and the treatment is to be provided by the treatment provider.
(3) In deciding whether to give its prior agreement to treatment, VANZ— 159 Schedule 2 Veterans’ Support Bill Part 1—continued (a) must take into account the matters in clause 2(1)(a) to (e); and (b) may make its agreement subject to prior compliance with any requirements relating to those matters.
Compare: 2001 No 49 Schedule 1 cl 4 5 (1) VANZ may require veteran to supply information about treatment This clause applies to a veteran— (a) who seeks VANZ’s prior agreement to treatment under clause 4(1): (b) who seeks payment for treatment for which VANZ’s prior agreement under clause 4(2) is not required.

5 10 (3) (2) VANZ may decline to pay the cost of a veteran’s treatment, unless the veteran supplies to VANZ such information about the veteran’s injury or illness and treatment as VANZ requests.
15 For the purposes of subclause (2), VANZ may request infor- mation about— (a) (b) (c) the injury or illness suffered by the veteran: the treatment sought or received by the veteran: the date on which the veteran received or proposes to 20 receive the treatment: the nature of the treatment: the identity and qualifications of the treatment provider: the location and assessment (if any) of the place where the treatment has been or will be provided.
(d) (e) (f) 25 (4) Subclause (3) does not limit subclause (2).
Compare: 2001 No 49 Schedule 1 cl 5 When VANZ must not decline to pay cost of treatment 6 (1) VANZ must not decline to pay the cost of a veteran’s treatment because— (a) the veteran has not paid or refuses to pay any part of the treatment provider’s fee that is a part that VANZ is responsible for paying: 30 160 Veterans’ Support Bill Schedule 2 Part 1—continued (b) the veteran has not agreed to get the treatment from a particular treatment provider, unless the treatment is an assessment required by this Act or a second opinion.
(2) (3) To assist a veteran in choosing a treatment provider, VANZ may advise the veteran that treatment from a named treatment 5 provider will result in the veteran contributing less or nothing to the cost of treatment.

Subclause (2) applies subject to subclause (1)(b).
Compare: 2001 No 49 Schedule 1 cl 6 Individual rehabilitation plans 7 Preparation of individual rehabilitation plan (1) VANZ must provide information to a veteran about— (a) (b) (c) the rehabilitation to which the veteran may be entitled; and the plan development process; and in relation to a plan that will include vocational rehabili- tation, VANZ’s right to require the veteran to undergo an assessment of his or her vocational independence at the completion of the vocational rehabilitation, and the potential consequences of such an assessment; and the consequences of the veteran’s agreeing to the plan.
(2) VANZ may engage a suitably qualified person or organisation (d) (3) to— (a) (b) assist in the assessment and preparation and costing of a plan; and provide a link between the veteran and the services identified in the plan.
The following persons must be given an opportunity to par- ticipate in the preparation and costing of the plan to the extent that they are willing and able to do so: (a) (b) the veteran: any medical practitioner providing treatment to the vet- eran: any employer or potential employer of the veteran.
(c) 161 10 15 20 25 30 Schedule 2 Veterans’ Support Bill Part 1—continued (4) VANZ is responsible for meeting the costs of preparing the plan, including the costs of any assessment that it has approved as necessary to enable the preparation of a plan.

In this clause, services includes the key aspects of social re- habilitation, as defined in section 114.
Compare: 2001 No 49 Schedule 1 cl 7 (5) 5 Agreement to plan 8 (1) VANZ must then ask the veteran to agree to the plan prepared (2) for the veteran under clause 7.

If, after a reasonable time, the veteran declines to agree to the 10 plan, VANZ may advise the veteran that the plan is finalised, and the plan is then to be regarded as if the veteran had agreed to it.

(3) When the plan is agreed or finalised, VANZ must implement the plan.
15 (4) VANZ is responsible for funding the provision to the veteran of the services it has specified under section 111(2)(d).

Compare: 2001 No 49 Schedule 1 cl 8 the veteran agrees to a plan; or Disputes about plan For the purposes of Part 7 of this Act, VANZ makes a decision 20 when— (a) (b) VANZ advises the veteran that a plan has been finalised.
The fact that a veteran has agreed to a plan does not affect his or her rights to make a review application under Part 7 of this 25 Act with respect to the plan.

Compare: 2001 No 49 Schedule 1 cl 9 VANZ and veteran may agree to modify plan The veteran and VANZ may agree to modify the plan from time to time, and clauses 7 to 9 apply to the process of modi- 30 fication and to the modified plan.
Compare: 2001 No 49 Schedule 1 cl 10 9 (1) (2) 10 162 Veterans’ Support Bill Schedule 2 Part 1—continued Ancillary services related to rehabilitation 11 When VANZ responsible for paying or contributing to cost of ancillary services related to rehabilitation (1) VANZ is responsible for paying or contributing to the cost of any service reasonably required by the veteran as an ancillary 5 service related to rehabilitation, such as accommodation, es- cort for transport, and transport, if the service facilitates re- habilitation.
(2) VANZ is responsible for paying or contributing to the cost (3) 12 of accommodation and transport of a person other than the 10 veteran if the presence and support of the person is necessary and appropriate to assist in achieving a rehabilitation outcome for the veteran.

This clause applies subject to any regulations made under this Act.
Compare: 2001 No 49 Schedule 1 cl 11 15 Social rehabilitation Definitions In clauses 13 to 22,— aid or appliance means any item likely to assist in restoring a 20 veteran to independence attendant care— (a) means— (i) (ii) personal care; and assistance with cognitive tasks of daily living, 25 such as communication, orientation, planning, and task completion; and protection of the veteran from further injury or illness in his or her ordinary environment; and includes training a person to provide attendant care, if 30 VANZ agrees to fund the training; but does not include child care, domestic activities, or home maintenance (b) (c) (iii) child— (a) means a child under 14 years; and 35 163 Schedule 2 Veterans’ Support Bill Part 1—continued (b) includes any other child, if the child needs child care because of his or her physical or mental condition communication means conveying and receiving information by using skills such as anger management, assertiveness, abil- ity to concentrate, language, memory, numeracy, social aware- 5 ness, social skills, speech production and development, and using communications technology domestic activities means cleaning, laundry, meal prepar- ation, and associated shopping activities, in relation to the veteran’s home home— (a) means residential premises in which the veteran lives and which are owned, rented, or otherwise lawfully oc- cupied by the veteran or his or her parent, guardian, or spouse or partner; and includes residential premises in which the veteran proposes to live after they are built and which will be owned, rented, or otherwise lawfully occupied by the veteran or his or her parent, guardian, or spouse or partner; but does not include any hospital, hostel, hotel, motel, rest home, or other institution (b) (c) 10 15 20 communication: domestic activities: educational participation: financial management: health care: hygiene care: home help means the provision of domestic activities independence includes the capacity to function in the follow- ing areas: (a) (b) (c) (d)
 (e) (f) (g) mobility: (h) motivation: (i) (j) (k) safety management: sexuality: cognitive tasks of daily living, such as orientation, plan- ning, and task completion: 25 30 35 164 Veterans’ Support Bill Schedule 2 Part 1—continued (l) use of transport modifications to the home— (a) means alterations to a veteran’s home that— (i) (ii) have the purpose of assisting a veteran to live as independently as practicable, having regard 5 to the limitations caused by his or her injury or illness; and remove structural barriers or add features fixed to the home; and includes real estate fees, legal fees, removal costs, and 10 the costs of any modifications incurred in relocating a veteran to a new home, if VANZ decides that relocation is the most cost-effective alternative to modification of the veteran’s existing home (b) personal care means physical assistance to move around and 15 to take care of basic personal needs such as bathing, dressing, feeding, and toileting rehabilitation outcome means,— (a) before an individual rehabilitation plan is agreed, a rehabilitation goal, objective, or result determined by 20 VANZ: if an individual rehabilitation plan is agreed, a goal, ob- jective, or result specified in the plan (b) training for independence includes— (a) training and coaching a veteran to assist in restoring the 25 veteran’s independence: training in using and maintaining aids or appliances, and integrating them into the veteran’s daily life, for a veteran who needs aids or appliances (b) transport for independence— (a) means assistance with the cost of, for example,— escorted travel by vehicle: (i) (ii) modifying a vehicle: purchasing a vehicle: (iii) travelling by public transport: (iv) travelling by taxi; and (v) 30 35 165 Schedule 2 Veterans’ Support Bill Part 1—continued (b) includes driver licence retraining, for a veteran who pre- viously had a driver licence.
Compare: 2001 No 49 Schedule 1 cl 12 13 (1) Aids and appliances In deciding whether to provide or contribute to the cost of an 5 aid or appliance, VANZ must have regard to— (a) any rehabilitation outcome that would be achieved by providing it; and (b) whether a veteran has a prescription for the aid or appli- ance from a medical practitioner who holds appropriate 10 qualifications to the satisfaction of VANZ.
(2) VANZ is not required to provide an artificial aid in the nature of an implant, unless the implant is implanted in the course of a surgical procedure approved by VANZ.
(3) VANZ is not required to provide any aid or appliance, if a 15 veteran already— (a) owns an aid or appliance that has, at the time at which VANZ is making its decision, a similar function to the aid or appliance for which the veteran has lodged a claim; or possesses such an aid or appliance on permanent loan from any person or organisation, including a hospital and health service,— 20 (b) unless, in either case, the aid or appliance, because of its age or condition, is unsuitable to assist in restoring the veteran to 25 independence.
(4) VANZ is not required to provide any aid or appliance, if the veteran has, after suffering the injury or illness, disposed of an aid or appliance that, at the time of disposal,— (a) had a similar function to the aid or appliance for which 30 the veteran has lodged a claim; and (b) was still suitable for that function.
(5) VANZ is not required to meet any costs of— (a) maintaining, repairing, or replacing any aid or appli- ance; or 35 166 Veterans’ Support Bill Schedule 2 Part 1—continued (b) replacing any consumable items used in association with any aid or appliance,— if the costs have been incurred because the veteran has neg- lected, abused, or misused the aid or appliance.
(6) VANZ may provide an aid or appliance by way of approving its 5 hire by the veteran for a term it approves, if that hire is a cost- effective alternative to the purchase of the aid or appliance.
Compare: 2001 No 49 Schedule 1 cl 13 14 Attendant care In deciding whether to provide or contribute to the cost of at- 10 tendant care, VANZ must have regard to— (a) any rehabilitation outcome that would be achieved by providing it; and the nature and extent of the veteran’s injury or illness and the degree to which that injury or illness impairs 15 his or her ability to provide for his or her personal care; and the extent to which attendant care is necessary to enable the veteran to undertake or continue employment (in- cluding agreed vocational training) or to attend a place 20 of education, having regard to any entitlement the vet- eran has to education support; and the extent to which household family members or other family members might reasonably be expected to pro- vide attendant care for the veteran after the veteran’s 25 injury or illness; and the extent to which attendant care is required to give household family members a break, from time to time, from providing attendant care for the veteran; and the need to avoid substantial disruption to the employ- 30 ment or other activities of household family members.
(b) (c) (d) (e) (f) Compare: 2001 No 49 Schedule 1 cl 14 15 (1) Child care In deciding whether to provide or contribute to the cost of child care, VANZ must have regard to— 35 167 Schedule 2 Veterans’ Support Bill Part 1—continued (a) (b) (c) (d) (e) any rehabilitation outcome that would be achieved by providing it; and the number of the veteran’s children and their need for child care; and the extent to which child care was provided by other 5 household family members before the veteran’s injury or illness; and the extent to which other household family members or other family members might reasonably be expected to provide child care services after the veteran’s injury or 10 illness; and the need to avoid substantial disruption to the employ- ment or other activities of the household family mem- bers.
(2) VANZ is not required to provide child care under this clause 15 if it provides child care for the child under clause 71.

(3) VANZ is not required to provide child care for a child to the extent that the child is being provided with attendant care, edu- cation support, or training for independence.
(4) VANZ is not required to pay for child care to the extent that 20 child care continues to be provided after a veteran’s injury or illness by a person— (a) who lives in the veteran’s home or lived in the veteran’s home immediately before the veteran suffered his or her injury or illness; and 25 (b) who provided child care before the veteran suffered his or her injury or illness.
Compare: 2001 No 49 Schedule 1 cl 15 Home help In deciding whether to provide or contribute to the cost of 30 home help, VANZ must have regard to— (a) any rehabilitation outcome that would be achieved by providing it; and the extent to which a veteran undertook domestic activ- ities before the veteran’s injury or illness and the extent 35 (b) 16 (1) 168 Veterans’ Support Bill Schedule 2 Part 1—continued (e) (c) (d) to which he or she is able to undertake domestic activ- ities after his or her injury or illness; and the number of household family members and their need for home help; and the extent to which domestic activities were done by 5 other household family members before the veteran’s injury or illness; and the extent to which other household family members or other family members might reasonably be expected to do domestic activities for themselves and for the veteran 10 after the veteran’s injury or illness; and the need to avoid substantial disruption to the employ- ment or other activities of the household family mem- bers; and the impact of the veteran’s injury or illness on the contri- 15 bution of other family members to domestic activities.
(2) VANZ is not required to pay for home help to the extent that home help continues to be provided after a veteran’s injury or illness by a person— (a) who lives in the veteran’s home or lived in the veteran’s 20 home immediately before the veteran suffered his or her injury or illness; and (g) (f) (b) who provided home help before the veteran suffered his or her injury or illness.
Compare: 2001 No 49 Schedule 1 cl 17 25 17 Modifications to home: matters to which VANZ must (1) have regard In deciding whether to provide or contribute to the cost of modifications to the home, VANZ must have regard to— (a) any rehabilitation outcome that would be achieved by 30 providing them; and the difficulties faced by the veteran in doing the follow- ing without the proposed modifications: gaining access to his or her home: (i) enjoying reasonable freedom of movement in his 35 (ii) or her home: (b) 169 Schedule 2 Veterans’ Support Bill Part 1—continued (c) (d) (e) (f) (g) living independently in his or her home; and (iii) the likely duration of the veteran’s residence in the home; and the cost, and the relevant benefit, to the veteran of the proposed modifications; and if the home is not owned by the veteran, whether the owner agrees to the modifications being done; and the likely cost of reasonable alternative living arrange- ments; and the likely duration of the limitations arising from the 10 injury or illness for which the veteran has entitlements under this Act.
5 (2) For the purposes of subclause (1)(b)(iii), the assessment of whether a veteran is living independently is not affected by whether the veteran lives with others.
Compare: 2001 No 49 Schedule 1 cl 18 15 18 Modifications to home: rights and responsibilities (1) VANZ is responsible for— (a) making a preliminary assessment as to whether the pro- (b) posed modifications serve the purpose in section 113; 20 and if it considers the proposed modifications serve that pur- pose, meeting the costs of obtaining local authority ap- proval.
(2) The veteran is responsible for— (a) obtaining the written consent to the modifications to which VANZ has given preliminary approval from the owner of the home and any lessor or co-tenant or mort- gagee; and obtaining any quotes required by VANZ for the pro- 30 posed modifications.
(b) 25 (3) VANZ is— (a) (b) 170 not required to be a contracting party at any stage of the modifications: not liable to the veteran or any other person for any li- 35 ability arising from the carrying out of the modifica- Veterans’ Support Bill Schedule 2 Part 1—continued tions, other than for payment for those modifications VANZ has approved: not liable— (i) to ensure that the veteran pays any person that undertakes the modifications; or to pay that person directly, if the veteran does not pay: (ii) 5 10 not responsible for the cost of insuring the modifica- tions or the home in which the modifications have been installed: not required to replace any such modifications if the veteran continues to reside in the home: not responsible for the cost of removing any modifica- tions no longer required: not responsible for the cost of returning a home to its 15 former state if the veteran no longer occupies it: not responsible for any loss of value of any home result- ing from any modifications to, or removal of modifica- tions from, the home: not required to provide or contribute to the cost of modi- 20 fications to a home to which the veteran moves from the modified home, unless VANZ has approved the costs of those modifications: not required to repair or replace any home or modifica- tions that are not insured and that are damaged.
25 (c) (d) (e) (f) (g) (h) (i) (j) (4) VANZ is not entitled to recover any payment made to the vet- eran if— (a) the modifications are removed or are no longer required; or the veteran no longer occupies the home to which the 30 modifications were made.
Compare: 2001 No 49 Schedule 1 cl 19 (b) 19 Training for independence In deciding whether to provide or contribute to the cost of training for independence, VANZ must have regard to— 35 171 Schedule 2 Veterans’ Support Bill Part 1—continued (a) (b) any rehabilitation outcome that would be achieved by providing it; and the extent to which training for independence, and the skills and knowledge likely to be acquired from it, are likely to reduce the veteran’s need for further rehabili- 5 tation.
Compare: 2001 No 49 Schedule 1 cl 20 (b) (c) Transport for independence: matters to which VANZ must have regard In deciding whether to provide or contribute to the cost of 10 transport for independence, VANZ must have regard to— (a) any rehabilitation outcome that would be achieved by providing it; and the cost, and the relevant benefit, to the veteran of the transport for independence service for which the veteran 15 has lodged a claim; and the difficulties faced by the veteran in doing the follow- ing in relation to the transport used by the veteran be- fore his or her injury or illness, without the transport for independence service for which he or she has lodged a 20 claim: (i) (ii) (iii) driving or operating the vehicle: gaining access to the vehicle: enjoying freedom and safety of movement in the vehicle: travelling as a passenger in the vehicle: transporting any essential mobility equipment in the vehicle; and (iv) (v) 25 (d) (e) the need for the veteran to own or have access to a ve- hicle, having regard to the times at which and the fre- 30 quency with which the veteran is likely to need that form of transport; and alternative means of transport available to the veteran; and 20 (1) 172 Veterans’ Support Bill Schedule 2 Part 1—continued (f) (g) the effect that modifications, or purchase, of a vehicle will have on the likelihood of the veteran obtaining and retaining employment; and the existing vehicle or vehicles owned or used by the veteran; and (h) whether and when the limitations caused by the vet- (i) eran’s injury or illness are expected to improve; and any plans and quotes an appropriately qualified person provides for proposed modifications to, or for the pur- chase of, a vehicle.
5 10 (2) VANZ may require the veteran to satisfy VANZ of the matters set out in subclause (3) or (4) before VANZ approves the modification or purchase for which the veteran has lodged a claim.

(3) VANZ may require the veteran to satisfy VANZ that a vehicle 15 will be modified in such a way that it— will be able to be issued with a warrant of fitness; and (a) (b) will comply with or be exempted from any applicable rules made under Part 11 of the Land Transport Act 1998.
If a veteran wishes to drive a modified or newly purchased vehicle, VANZ may require the veteran to satisfy VANZ that he or she is likely to be able to drive the vehicle safely and be legally permitted to drive it.
Compare: 2001 No 49 Schedule 1 cl 21 20 25 (4) Transport for independence: rights and responsibilities 21 (1) VANZ is not required to purchase, or contribute to the pur- chase of, a motor vehicle if the veteran, or a person proposing to transport the veteran,— (a) owns or part owns or has the use of a vehicle that may 30 be modified in order to assist in restoring the veteran’s independence; or disposed of a vehicle, after the veteran’s injury or ill- ness, that may have been able to be modified in order to assist in restoring the veteran’s independence.
35 (b) (2) VANZ is— 173 Schedule 2 Veterans’ Support Bill Part 1—continued (a) (b) (c) (d) (e) (f) not responsible— (i) for ensuring that the veteran pays any person that sells the vehicle or undertakes the modifications; or for paying that person directly, if the veteran does 5 not pay: (ii) not required to meet the cost of maintenance or repair of any vehicle or modification to a vehicle, or for registra- tion, licensing fees, insurance, or other running costs: not required to meet the cost of removing any vehicle 10 modifications no longer required or for restoring any vehicle to its former state: not responsible for any loss of resale value resulting from modifications to any vehicle: not required to contribute to the cost of replacing a ve- 15 hicle for whose purchase or modification VANZ has al- ready contributed, unless the replacement is necessary for the veteran to maintain independence: not required to contribute to a replacement under para- graph (e) if the veteran’s need for a replacement ve- 20 hicle arises because the veteran— (i) has not maintained or insured the existing ve- hicle; or has, without a reasonable excuse, disposed of the existing vehicle.
(ii) 25 30 (3) In determining the amount to be paid in respect of a vehicle, VANZ may take into account the value of any other motor vehicle owned by the veteran, if the veteran previously used the vehicle on a regular basis.

(4) VANZ must— (a) make payments for the purchase of, or modification to, a vehicle to the veteran, unless the veteran requests other- wise; and (b) make the payment by way of an outright grant.
(5) VANZ is not entitled to recover any payment made to the vet- 35 eran if— 174 (2) 23 Veterans’ Support Bill Schedule 2 Part 1—continued (a) the veteran no longer requires the vehicle modifications; or the vehicle is disposed of or destroyed.
(b) Compare: 2001 No 49 Schedule 1 cl 22 22 VANZ not responsible for ensuring veteran pays rehabilitation provider (1) VANZ is not responsible— (a) (b) for ensuring that the veteran pays any rehabilitation provider that delivers a social rehabilitation service to the veteran; or for paying that provider directly, if the veteran does not pay.

To avoid doubt, subclause (1) does not prevent VANZ (if it thinks it appropriate to do so) from paying a provider directly, if a veteran does not pay.
Compare: 2001 No 49 Schedule 1 cl 23 5 10 15 Vocational rehabilitation Occupational assessor An occupational assessment must be undertaken by an asses- sor whom VANZ considers has the appropriate qualifications 20 and experience to do the assessment required in the particular case.
Compare: 2001 No 49 Schedule 1 cl 24 Conduct of occupational assessment 24 (1) An occupational assessor undertaking an occupational assess- 25 ment as part of an assessment of a veteran’s vocational inde- pendence under section 123 may— (a) take into account information provided by VANZ and the veteran; and consider the individual rehabilitation plan prepared for 30 the veteran and review the vocational rehabilitation car- ried out under the plan; and discuss with the veteran all the types of work that the assessor identifies as suitable for the veteran; and (b) (c) 175 Schedule 2 Veterans’ Support Bill Part 1—continued (d) consider any comments the veteran makes to the asses- sor about those types of work.
(2) In considering the suitability of the types of work referred to in subclause (1)(c), the occupational assessor may take into account, among other things, the veteran’s earnings before the 5 veteran’s incapacity.

(3) VANZ must provide to an occupational assessor all informa- tion VANZ has that is relevant to an occupational assessment.
Compare: 2001 No 49 Schedule 1 cl 25 25 (1) 10 Report on occupational assessment The occupational assessor must prepare and provide to VANZ a report on the occupational assessment specifying— (a) (b) 15 the veteran’s work experience; and the veteran’s education, including any incomplete for- mal qualifications; and any work-related training in which the veteran has par- ticipated; and all skills that the assessor has reasonably identified the veteran as having; and the vocational rehabilitation that the veteran has re- 20 ceived under the individual rehabilitation plan or in any other way; and the outcome of the vocational rehabilitation; and all types of work reasonably identified as suitable for the veteran; and in relation to each type of work, the requirements of that type of work, including any environmental modi- fications that the assessor identifies as necessary to en- able the veteran to function safely in that type of work.
25 (c) (d) (e) (f) (g) (h) (2) VANZ must provide a copy of the report to the veteran and the 30 medical assessor.
Compare: 2001 No 49 Schedule 1 cl 26 176 Veterans’ Support Bill Schedule 2 Part 1—continued Conduct of medical assessment 26 (1) A medical assessor undertaking a medical assessment as part of an assessment of a veteran’s vocational independence under section 123 must take into account— (a) (b) (c) information provided to the assessor by VANZ; and any individual rehabilitation plan for the veteran; and any of the following medical reports provided to the assessor: (i) medical reports requested by VANZ before the individual rehabilitation plan was prepared: (ii) medical reports received during the veteran’s re- 5 10 habilitation; and (d) (e) (f) the report of the occupational assessor under clause 25; and the medical assessor’s clinical examination of the vet- 15 eran; and any other information or comments that the veteran re- quests the medical assessor to take into account and that the medical assessor decides are relevant.
(2) VANZ must provide to a medical assessor all information 20 VANZ has that is relevant to a medical assessment.
Compare: 2001 No 49 Schedule 1 cl 28 27 (1) Report on medical assessment The medical assessor must prepare and provide to VANZ a report on the medical assessment specifying— (a) 25 relevant details about the veteran, including details of the veteran’s injury or illness; and relevant details about the clinical examination of the veteran undertaken by the assessor, including the methods used and the assessor’s findings from the 30 examination; and the results of any additional assessments of the veteran’s condition; and the assessor’s opinion of the veteran’s vocational inde- pendence in relation to each of the types of work iden- 35 tified in the occupational assessor’s report; and (b) (c) (d) 177 Schedule 2 Veterans’ Support Bill Part 1—continued (e) any comments made by the veteran to the assessor re- lating to the veteran’s injury or illness and vocational independence in relation to each of the types of work identified in the occupational assessor’s report.
(2) The report must also identify any conditions that— (a) prevent the veteran from having vocational independ- ence; and are not related to the veteran’s injury or illness.

(b) (3) VANZ must provide a copy of the report to the veteran.
Compare: 2001 No 49 Schedule 1 cl 29 5 10 Part 2 Weekly compensation 28 Meaning of relevant year (1) In this Part, relevant year means the most recent tax year (as defined in section YA 1 of the Income Tax Act 2007) last ended 15 before the commencement of the period of incapacity.
(2) However, in the case of a self-employed person or a share- holder-employee, the relevant year is the most recent year end- ing with the balance date (whether 31 March or another date) of the self-employed person or shareholder-employee before 20 the commencement of the period of incapacity.
Compare: 2001 No 49 Schedule 1 cl 30 Use of income tax returns in determining earnings If VANZ is determining earnings under this Part in relation to a self-employed person or a shareholder-employee, it must take 25 an income tax return into account, if— (a) the veteran has given the return to the Commissioner; and (b) VANZ considers that the return, and any related ac- counts, have not been unreasonably influenced by— 30 (i) (ii) the fact of the veteran’s incapacity; or the effects or likely effects of the incapacity on the veteran’s income or business activities.
Compare: 2001 No 49 Schedule 1 cl 31 29 178 Veterans’ Support Bill Schedule 2 Part 2—continued 30 Minimum weekly compensation Despite the other provisions of this Part, the weekly compen- sation payable under this Part must not be less than 80% of the average wage as defined in section 3(1) of the Social Security Act 1964.
5 VANZ to pay weekly compensation from first day of incapacity 31 VANZ to pay weekly compensation for loss of earnings to veteran who was earner (1) VANZ is responsible for paying weekly compensation for loss 10 (2) (3) (4) of earnings to a veteran who— (a) has an incapacity resulting from an injury or illness for which he or she has entitlements under this Act; and (b) was an earner immediately before his or her incapacity commenced.
The veteran is entitled to weekly compensation for loss of earnings for the period of the incapacity.

The weekly compensation payable is the specified percentage of the veteran’s weekly earnings, as calculated under clauses 32 to 44 and 48.
In subclause (3), specified percentage means— (a) 100% during the shorter of— (i) (ii) the first year of incapacity; or the period during that year in which the veteran is receiving rehabilitation services: (b) where incapacity continues after the first year, 85% if 15 20 25 either— (i) (ii) the veteran has a rehabilitation plan and is as- sessed as unable to work; or the veteran is assessed as unable to be rehabili- 30 tated or further rehabilitated (as the case may be) and as unable to work.
(5) Subclause (3) is subject to clauses 45, 48, and 49.

179 Schedule 2 Veterans’ Support Bill Part 2—continued (6) The amount of weekly compensation payable to the veteran must be adjusted in the manner provided in section 23.
Compare: 2001 No 49 Schedule 1 cl 32 Employee in permanent employment 32 Weekly earnings if earner had earnings as employee 5 immediately before incapacity commenced: application of clause 33 Clause 33 applies to a veteran who— (a) was an earner immediately before his or her incapacity commenced; and (b) was in permanent employment at that time; and (c) had earnings as an employee from that permanent em- ployment at that time.
10 If the veteran had permanent employment with more than 1 employer at that time, the weekly earnings of the veteran, in 15 respect of each employer he or she had at that time, are as calculated separately under clause 33 and aggregated under clause 41.
For the purposes of this clause and clause 33, the veteran is regarded as having been in permanent employment if, in 20 the opinion of VANZ, he or she would have continued to re- ceive earnings from that employment for a continuous period of more than 12 months after the date on which his or her in- capacity commenced, if he or she had not suffered the injury or illness.
Subclause (5) applies if— (a) the veteran was in permanent employment (that was full-time employment) as an employee immediately be- fore his or her incapacity commenced; and before the employment, the veteran was employed by 30 the same employer for less than 30 hours per week.
(b) 25 The weekly earnings of the veteran is the greater of— (a) the veteran’s weekly earnings calculated in accordance with clause 33; and (1) (2) (3) (4) (5) 180 Veterans’ Support Bill Schedule 2 Part 2—continued (b) the veteran’s weekly earnings calculated in accordance with clause 35, as if the veteran were not in permanent employment immediately before his or her incapacity commenced.
Compare: 2001 No 49 Schedule 1 cl 33 5 33 Weekly earnings if earner had earnings as employee in permanent employment immediately before incapacity commenced: calculations This subclause applies to each of the 4 weeks after the first week of incapacity.
The veteran’s weekly earnings for each of 10 the 4 weeks are calculated using the following formula: (1) a b where— a b is the veteran’s earnings as an employee (from that per- manent employment) in the 4 weeks immediately be- fore his or her incapacity commenced is the number of full or part weeks during which the veteran earned those earnings as an employee in those 4 weeks.

15 (2) This subclause applies to any weekly period of incapacity after the 4 weeks described in subclause (1).
The veteran’s weekly 20 earnings for any such weekly period are calculated using the following formula: a b where— a b is the veteran’s earnings as an employee (from employ- ment with that employer) in the 52 weeks immediately 25 before his or her incapacity commenced is the number of full or part weeks during which the veteran earned those earnings as an employee.
For the purposes of this clause, the following must be disre- garded in calculating weekly earnings: 30 (3) 181 Schedule 2 Veterans’ Support Bill Part 2—continued (a) any period during which the veteran was entitled to weekly compensation; and any earnings in respect of any such period.
(b) Compare: 2001 No 49 Schedule 1 cl 34 Employee not in permanent employment 5 34 Weekly earnings if earner had earnings as employee not in permanent employment immediately before incapacity commenced: application of clause 35 Clause 35 applies to a veteran who— (a) (1) was an earner immediately before his or her incapacity 10 commenced; and had at that time earnings as an employee (from employ- ment that was not permanent employment).
(b) (2) For the purposes of this clause and clause 35, employment is not permanent employment if, in the opinion of VANZ, the 15 veteran would have not continued to receive earnings from that employment for a continuous period of more than 12 months after the date on which his or her incapacity commenced, if he or she had not suffered the injury or illness.
Compare: 2001 No 49 Schedule 1 cl 35 20 35 Weekly earnings if earner had earnings as employee not in permanent employment immediately before incapacity commenced: calculations This subclause applies to each of the 4 weeks after the first week of incapacity.
The veteran’s weekly earnings for each of 25 the 4 weeks are calculated using the following formula: (1) a b where— a is the veteran’s earnings as an employee (from all em- ployment that was not permanent employment) in the 4 weeks immediately before his or her incapacity com- 30 menced 182 Veterans’ Support Bill Schedule 2 Part 2—continued b is the number of full or part weeks during which the veteran earned those earnings as an employee in the 4 weeks immediately before his or her incapacity com- menced.
(2) This subclause applies to any weekly period of incapacity after 5 the 4 weeks described in subclause (1).

The veteran’s weekly earnings for any such weekly period are calculated using the following formula: a b where— a b (b) (c) is the veteran’s earnings as an employee (from all em- 10 ployment that was not permanent employment) in the 52 weeks immediately before his or her incapacity com- menced is 52 or such smaller number, if adjustments are re- quired under subclause (4).
15 (3) For the purposes of this clause, the following must be disre- garded in calculating weekly earnings: (a) any period during which the veteran was entitled to weekly compensation: any continuous period of unpaid sick leave, during a 20 period of employment, of more than 1 week: any period during which— (i) the veteran did not receive earnings as an em- ployee; and the veteran did receive earnings as a self-em- 25 ployed person or as a shareholder-employee; and those earnings ceased before the commencement of the veteran’s incapacity: (ii) (iii) (d) any earnings in respect of any period under paragraph (a), (b), or (c).
30 (4) In item b of the formula set out in subclause (2), the expres- sion 52 is adjusted by deducting from it any number of weekly periods that subclause (3)(a), (b), or (c) applies to.

183 Schedule 2 Veterans’ Support Bill Part 2—continued (5) For the purposes of subclause (3)(c), VANZ may determine the number of weeks that fairly and reasonably represent the period during which the veteran received earnings as a self- employed person or as a shareholder-employee.
Compare: 2001 No 49 Schedule 1 cl 36 5 Self-employed veteran (1) (3) (2) 36 Weekly earnings if earner had earnings as self-employed person immediately before incapacity commenced: application of clause 37 Clause 37 applies to a veteran who had earnings as a self-em- 10 ployed person immediately before his or her incapacity com- menced.

The weekly earnings of such a veteran are as calculated under clause 37.
For the purposes of clause 37, if the veteran’s income tax 15 return for the relevant year is not available, the income tax return for the next previous year must be used.

If VANZ— (a) (b) (c) applies subclause (3); and pays weekly compensation; and subsequently finds that the weekly compensation it paid is less than that it would have paid if the veteran’s in- come tax return for the relevant year had been avail- able,— (4) 20 VANZ must increase the weekly compensation.
Compare: 2001 No 49 Schedule 1 cl 37 25 37 Weekly earnings if earner had earnings as self-employed person immediately before incapacity commenced: calculations The weekly earnings of an earner who had earnings as a 30 self-employed person immediately before the incapacity commenced are,— (1) 184 Veterans’ Support Bill Schedule 2 Part 2—continued (a) (b) for the first 4 weeks after the first week of incapacity, the greater of the relevant amount calculated under sub- clause (2) or the amount under subclause (3): for any period of incapacity after the 4 weeks referred to in paragraph (a), the relevant amount calculated under 5 subclause (2).
The amounts that apply under this subclause are,— (a) for veterans who first commenced receiving earnings as self-employed persons in the tax year in which the incapacity commenced, the amount calculated using the 10 following formula: (2) a b where— a is the total of the veteran’s earnings as an em- ployee in the 52 weeks immediately before the incapacity commenced is the number of full or part weeks during which the veteran earned those earnings as an em- ployee: 15 (b) for veterans for whom the relevant year was the first year during which they received earnings as a self-em- 20 ployed person, the amount calculated using the follow- ing formula: a + b c is the veteran’s total earnings as an employee in the 52 weeks immediately before his or her in- 25 capacity commenced is the veteran’s earnings as a self-employed per- son in the relevant year is the combined number of full or part weeks during which the veteran earned those earnings 30 as an employee and the number of weeks that 185 b b c where— a Schedule 2 Veterans’ Support Bill Part 2—continued VANZ considers fairly and reasonably represents the number of weeks or part weeks during which the veteran earned those earnings as a self-em- ployed person in the relevant year, up to a com- bined maximum of 52 weeks or the total number 5 of weeks in the veteran’s relevant year if the rele- vant year is more than 52 weeks: (c) for all other veterans, the amount calculated using the following formula: a c + b d where— a is the veteran’s total earnings as an employee in the 52 weeks immediately before his or her in- capacity commenced is the veteran’s earnings as a self-employed per- son in the relevant year is 52 is the number of weeks in the relevant year.
b c d 10 15 (3) A veteran is eligible for the greater of— (a) (b) the amount calculated under subclause (2) with the inclusion of earnings as an employee in the calculation; 20 and the amount calculated under subclause (2) with the ex- clusion of earnings as an employee from the calculation.
If the veteran’s weekly earnings are calculated under sub- clause (2) with the inclusion of his or her earnings as an em- 25 ployee, the veteran is not also eligible to have his or her weekly earnings calculated under clauses 32 to 35.

This clause applies to claims for weekly compensation made on or after 1 July 2005, whether made in respect of a period of incapacity that started before the day on which this clause 30 comes into force or that starts on or after that day.
(4) (5) 186 Veterans’ Support Bill Schedule 2 Part 2—continued (6) To avoid doubt, if a claim for weekly compensation is made in respect of a period of incapacity that commenced before 1 July 2005, this clause— (a) applies only to the calculation of weekly earnings for the purposes of weekly compensation that is payable for 5 a period commencing on or after 1 July 2005; and does not authorise an increase to the rate of weekly com- pensation that is payable for a period before 1 July 2005.
(b) Compare: 2001 No 49 Schedule 1 cl 38 38 Weekly earnings if self-employed veteran had earnings as 10 (1) a shareholder-employee in the relevant year This clause applies if the veteran— (a) (b) (c) (d) had earnings as a self-employed person immediately be- fore the commencement of his or her incapacity; and did not have earnings as a self-employed person in the 15 relevant year; and did have earnings as a shareholder-employee in the rele- vant year; and had been employed continuously even though the vet- eran changed from receiving earnings as a shareholder- 20 employee to receiving earnings as a self-employed per- son.
(2) The veteran’s weekly earnings must be calculated under clause 37(2) using the veteran’s earnings as a share- holder-employee as if they were the veteran’s earnings as a 25 self-employed person in the relevant year.
Compare: 2001 No 49 Schedule 1 cl 38A Shareholder-employee 39 Weekly earnings if veteran had earnings as (1) shareholder-employee immediately before incapacity commenced The weekly earnings of a veteran who had earnings as a share- holder-employee immediately before his or her incapacity commenced are the higher of— 30 187 Schedule 2 Veterans’ Support Bill Part 2—continued (a) the relevant amount calculated under clause 33 or 35, whichever is applicable; and the relevant amount calculated under subclause (2).
(b) The amounts to be calculated under this subclause are,— (a) for veterans who first commenced receiving earnings 5 as a shareholder-employee in the tax year in which the incapacity commenced, the amount calculated using the following formula: a b where— a is the total of the veteran’s earnings as an em- 10 ployee in the 52 weeks immediately before the incapacity commenced is the number of full or part weeks during which the veteran earned those earnings as an em- ployee: 15 (b) for veterans for whom the relevant year was the first year during which they received earnings as a share- holder-employee, the amount calculated using the fol- lowing formula: where— a a + b c 20 is the veteran’s total earnings as an employee in the 52 weeks immediately before his or her in- capacity commenced is the veteran’s earnings as a shareholder-em- ployee in the relevant year is the combined number of full or part weeks during which the veteran earned those earnings as an employee and the number of weeks that VANZ considers fairly and reasonably repre- sents the number of weeks or part weeks during 30 which the veteran earned those earnings as a 25 b b c (2) 188 Veterans’ Support Bill Schedule 2 Part 2—continued shareholder-employee in the relevant year, up to a combined maximum of 52 weeks or the total number of weeks in the veteran’s relevant year if the relevant year is more than 52 weeks: (c) for all other veterans, the amount calculated using the 5 following formula: a c + b d where— a is the veteran’s total earnings as an employee in the 52 weeks immediately before his or her in- capacity commenced is the veteran’s earnings as a shareholder-em- ployee in the relevant year is 52 is the number of weeks in the relevant year.
b c d 10 15 (3) A veteran is eligible for the greater of— (a) (b) the amount calculated under subclause (2) with the inclusion of earnings as an employee in the calculation; and the amount calculated under subclause (2) with the ex- clusion of earnings as an employee from the calculation.
20 If the veteran’s weekly earnings are calculated under sub- clause (2) with the inclusion of their earnings as an employee, the veteran is not also eligible to have his or her weekly earn- ings calculated under clauses 32 to 35.

If a veteran’s weekly earnings as a shareholder employee are 25 calculated under subclause (2), the same earnings cannot be used as earnings as an employee for the purposes of clauses 32 to 35.
This clause applies to claims for weekly compensation made on or after 1 July 2005, whether made in respect of a period 30 of incapacity that started before the day on which this clause comes into force or that starts on or after that day.
(4) (5) (6) 189 Schedule 2 Veterans’ Support Bill Part 2—continued (7) To avoid doubt, if a claim for weekly compensation is made in respect of a period of incapacity that commenced before 1 July 2005, this clause— (a) applies only to the calculation of weekly earnings for the purposes of weekly compensation that is payable for 5 a period commencing on or after 1 July 2005; and does not authorise an increase to the rate of weekly com- pensation that is payable for a period before 1 July 2005.
(b) Compare: 2001 No 49 Schedule 1 cl 39 40 Weekly earnings if veteran as shareholder-employee had earnings as self-employed person in relevant year This clause applies if the veteran— (a) (1) 10 (b) (c) (d) had earnings as a shareholder-employee immediately before the commencement of his or her incapacity; and did not have earnings as a shareholder-employee in the 15 relevant year; and did have earnings as a self-employed person in the rele- vant year; and had been employed continuously even though the veteran changed from receiving earnings as a self-em- 20 ployed person to receiving earnings as a share- holder-employee.
(2) The veteran’s weekly earnings must be calculated under clause 39(2) using the veteran’s earnings as a self-employed person as if they were earnings as a shareholder-employee in 25 the relevant year.
Compare: 2001 No 49 Schedule 1 cl 40 Aggregation of calculations Calculations for multiple employment situations 41 (1) Veterans to whom clause 37 applies, and to whom clauses 30 32 to 35 apply because they have earnings as an employee at the time their incapacity commences, may— (a) have their weekly earnings calculated under clause 37 with the inclusion of their earnings as an employee; or 190 Veterans’ Support Bill Schedule 2 Part 2—continued (b) have their weekly earnings calculated under clause 37 excluding their earnings as an employee, but may also have their employee earnings calculated under clauses 32 to 35 and aggregated under subclause (5).
(2) If a veteran’s weekly earnings are calculated in accordance 5 with subclause (1)(a), the same earnings cannot be used as earnings as an employee for the purposes of any other calcu- lation of an amount of weekly earnings.
(3) Veterans to whom clause 39 applies, and to whom clauses (b) (4) 32 to 35 apply because they have earnings as an employee at 10 the time their incapacity commences, may— (a) have their weekly earnings calculated under clause 39 with the inclusion of their earnings as an employee; or have their weekly earnings calculated under clause 39 excluding their earnings as an employee, but may also 15 have their employee earnings calculated under clauses 32 to 35 and aggregated under subclause (5).
If a veteran’s weekly earnings are calculated in accordance with subclause (3)(a), the same earnings cannot be used as earnings as an employee for the purposes of any other calcu- 20 lation of an amount of weekly earnings.
If a veteran is not prohibited from doing so by subclause (2) or (4), and would have more than 1 amount of weekly earnings from different employment situations because of the operation of clause 33, 35, 37, or 39, the veteran’s weekly earnings 25 are to be calculated by doing the relevant calculations under those clauses separately and then aggregating the results.
(6) However, a veteran’s weekly earnings calculated under clause 33 or 35 must not be aggregated with the veteran’s weekly earnings under clause 39 if the veteran’s weekly 30 earnings under clause 39 are his or her earnings under clause 33 or 35.
Compare: 2001 No 49 Schedule 1 cl 41 (5) 191 Schedule 2 Veterans’ Support Bill Part 2—continued 42 Minimum rates of weekly compensation for veterans who (1) have no recent pre-injury or pre-illness earnings Subclause (2) applies to veterans who had pre-injury or pre- illness earnings within 12 months of the start of the service-re- lated injury or illness, but do not have pre-injury or pre-illness 5 earnings between the cause of the injury or illness and the on- set of the illness or injury.
(2) A veteran to whom this subclause applies is entitled to weekly compensation at the following rates: (a) 100% of the veteran’s pre-injury or pre-illness earnings 10 for the first year of entitlments: 85% of the veteran’s pre-injury or pre-illness earnings for the second and any subsequent year of entitlement.
(3) However, the veteran is entitled to weekly compensation at (b) the rate of 80% of the average weekly wage if the amount cal- 15 culated under subclause (2) is less than 80% of the average weekly wage.

Subclause (5) applies to a veteran who had no pre-injury or pre-illness earnings within 12 months of the start of the ser- vice-related injury or illness.

20 (4) (5) A veteran to whom this subclause applies is entitled to weekly compensation at the rate of 80% of the average weekly wage.
Veteran no longer an employee 43 Weekly earnings if employment ended before commencement of incapacity Subclause (2) applies to a veteran who, before his or her incapacity commenced, had ceased to be in employment.
The veteran is deemed to continue to be in employment and have earnings from that employment for the purposes of this schedule for the longer of— (a) 28 days from the date he or she ceased to be in employ- ment, if he or she— (i) had been in employment within 28 days before his or her incapacity commenced; and 25 30 (1) (2) 192 Veterans’ Support Bill Schedule 2 Part 2—continued (ii) would have been an employee within the period specified in subclause (3) after the date on which his or her incapacity commenced, but for the incapacity; or the period for which payments that the veteran is en- 5 titled to receive on ceasing employment and on which earner levy is payable constitute earnings under sub- clause (4).
(b) (b) (3) (ii) For the purposes of subclause (2)(a)(ii), the period is,— (a) unless paragraph (b) applies, 3 months if the veteran 10 had entered into an employment agreement, or had ar- ranged to enter into an employment agreement, before the incapacity commenced; or 12 months if— (i) the veteran was employed in seasonal employ- 15 ment with the same employer as he or she had been employed by in the 2 seasons before the vet- eran’s incapacity commenced; and the employer confirms that the veteran could rea- sonably have expected to be re-employed in the 20 season after the veteran’s incapacity commenced.
(4) A veteran, who is deemed by subclause (2)(b) to continue to be in employment, is also deemed to be deriving earnings at the same rate as he or she derived earnings while in employment immediately before he or she ceased to be an employee, a self- 25 employed person, or a shareholder-employee, as the case may be.

For the purposes of calculating the veteran’s weekly earnings, the date his or her incapacity commenced is deemed to be the last date on which the veteran was in employment.
In this clause,— employee includes an employee who is on unpaid leave that is not unpaid parental leave employment means employment as— (a) (b) an employee; or a self-employed person; or (6) (5) 35 30 193 Schedule 2 Veterans’ Support Bill Part 2—continued (c) a shareholder-employee.
Compare: 2001 No 49 Schedule 1 cl 43 Employee on unpaid parental leave 44 Weekly earnings if employee on unpaid parental leave 5 immediately before his or her incapacity commenced This clause applies to a veteran who is an employee on unpaid parental leave immediately before his or her incapacity com- menced.

For the purposes of calculating the veteran’s weekly earnings, the date he or she began parental leave is deemed to be the date 10 his or her incapacity commenced.
For the purposes of determining the commencement date of entitlement to compensation for loss of earnings, the date on which the veteran would otherwise be required to return to work at the end of the parental leave is deemed to be the date 15 his or her incapacity commenced.
If this clause applies the veteran is entitled to the greater of— weekly compensation for loss of earnings arising from (a) the application of this clause; or (b) weekly compensation for loss of earnings arising from 20 an entitlement under any other provision of this sched- ule.
Parental leave must not be treated as paid leave for the pur- poses of this clause only because the person may be entitled to a payment in respect of the leave under Part 7A of the Parental 25 Leave and Employment Protection Act 1987.
Compare: 2001 No 49 Schedule 1 cl 44 Estimated earnings Interim estimation of weekly earnings that cannot be ascertained This clause applies to a veteran who, immediately before his or her incapacity commenced,— (a) (b) had earnings as a self-employed person; or had earnings as a shareholder-employee.

30 (1) (2) (3) (4) (5) 45 (1) 194 (2) (3) (4) (5) (6) Veterans’ Support Bill Schedule 2 Part 2—continued This clause applies while VANZ cannot readily ascertain the veteran’s actual weekly earnings.
For the purposes of clauses 37 to 40, in order to calculate the veteran’s weekly earnings under this Part, VANZ may es- timate an amount that represents reasonable remuneration for 5 the veteran until the earlier of— (a) the income tax return for the relevant year is available; or (b) 3 months have passed after the incapacity commenced.
If the veteran’s income tax return for the relevant year remains 10 unavailable at the end of the 3-month period in subclause (3)(b), VANZ can pay weekly compensation only as an ad- vance under [section 131].
In doing an estimate under subclause (3), VANZ must have regard to— (a) (b) the evidence available of the veteran’s earnings; and the nature of the veteran’s employment immediately be- fore his or her incapacity commenced; and any employment, whatever its nature, that the veteran has while suffering the incapacity.
(c) 20 15 If VANZ— (a) (b) (c) applies subclause (3); and pays weekly compensation; and subsequently finds that the weekly compensation it paid is greater than that it would have paid if the veteran’s 25 income tax return for the relevant year had been avail- able,— VANZ may recover the difference, either as a debt due to it or by deducting it from any entitlement otherwise payable to the veteran (whether or not in respect of the same injury or 30 illness).
Compare: 2001 No 49 Schedule 1 cl 45 195 Schedule 2 Veterans’ Support Bill Part 2—continued Further injury or illness 46 (1) (2) (3) 47 (1) (2) Effect of further injury or illness on entitlement to weekly compensation This clause applies to a veteran who— (a) (b) is already entitled to receive weekly compensation; and 5 suffers incapacity from a further injury or illness for which the veteran has cover under this Act.
If it is necessary to recalculate the veteran’s entitlement to weekly compensation, the veteran’s entitlement to weekly compensation in respect of incapacity from both injuries or 10 illnesses is calculated using the weekly earnings assessed when calculating the weekly compensation referred to in subclause (1)(a).

Subclause (2) does not apply to any subsequent periods of incapacity.
Compare: 2001 No 49 Schedule 1 cl 48 15 Abatement Earnings definitions for purposes of clause 49 In clause 49(1), earnings includes any payment made on the termination of employment in respect of leave entitlements.

20 VANZ must treat such a payment as having been derived after the termination of employment for a period that is equal to the total period that the veteran could have taken as leave if the veteran had not received the payment.
In clause 49(1),— (a) earnings includes payments— (i) whether made in New Zealand or overseas: (ii) whether made in New Zealand currency or an 25 overseas currency: (b) employment includes employment whether in New 30 Zealand or overseas.
(3) Payments made in an overseas currency must be treated as having been converted into New Zealand currency at the aver- 196 Veterans’ Support Bill Schedule 2 Part 2—continued age rate of foreign exchange offered, at the date of payment, by registered banks in New Zealand.

Compare: 2001 No 49 Schedule 1 cl 49 48 (1) (2) (3) 5 earnings as a self-employed person; or earnings as a shareholder-employee.
Estimation for abatement purposes of earnings that cannot be ascertained This clause applies to a veteran who has— (a) (b) This clause applies when VANZ cannot readily ascertain, for abatement purposes, the veteran’s actual earnings during a par- 10 ticular period during incapacity.

In order to calculate the veteran’s earnings under this Part, VANZ may estimate an amount that represents reasonable re- muneration for the veteran during the period.
(4) VANZ must have regard to— (a) (b) (c) the evidence available of the veteran’s earnings; and the nature of the veteran’s employment immediately be- fore his or her incapacity commenced; and the nature of the veteran’s employment that the veteran has during the period of incapacity.
Compare: 2001 No 49 Schedule 1 cl 50 15 20 49 (1) (2) Abatement of compensation In calculating weekly compensation under this Part, VANZ must reduce the amount of weekly compensation paid to a vet- eran so as to ensure that the total of the veteran’s weekly com- 25 pensation and earnings after his or her incapacity commenced does not exceed the veteran’s weekly earnings as calculated under clauses 32 to 45.
The amount of a veteran’s weekly earnings under subclause (2) must be adjusted in the manner provided in section 23.
Compare: 2001 No 49 Schedule 1 cl 51 30 197 Schedule 2 Veterans’ Support Bill Part 3 Lump sum compensation for permanent impairment Lump sum compensation for permanent impairment 50 (1) VANZ is responsible for paying the veteran lump sum com- 5 (b) pensation in accordance with this schedule, if— (a) the veteran has suffered injury or illness, after the com- mencement of this Part, for which he or she has entitle- ments under this Part; and the veteran— (i) has survived the injury or illness for not less than 28 days; and is alive when assessed under clause 53; and (c) (ii) an assessment carried out under clause 53 establishes that the veteran’s injury or illness has resulted in a de- 15 gree of whole-person impairment of 5% or more.
To avoid doubt, there is no entitlement to lump sum compensa- tion in respect of injury or illness suffered before 1 April 2002 or in respect of any subsequent consequences of any such in- jury or illness.

Compare: 2001 No 49 Schedule 1 cl 54 20 10 Amount of lump sum compensation for permanent impairment The amount of lump sum compensation for permanent impair- ment that VANZ is responsible for paying to a veteran is the 25 appropriate amount specified in regulations made under sec- tion 250.
The regulations apply subject to subclauses (3) to (5).

The minimum lump sum compensation for permanent impair- ment that VANZ is responsible for paying to a veteran is— 30 (a) (b) $2,500; and payable to a veteran whose degree of whole-person im- pairment is 5%.
The maximum lump sum compensation for permanent im- pairment that VANZ is responsible for paying to a veteran is 35 payable to a veteran whose degree of whole person impairment is 100% and comprises the following amounts: (2) 51 (1) (2) (3) (4) 198 Veterans’ Support Bill Schedule 2 Part 3—continued (a) (b) (c) the maximum lump sum compensation payable under the Accident Compensation Act 2001; and 20% of the amount referred to in paragraph (a); and 20% of the combined amounts referred to in para- graphs (a) and (b) to the extent authorised by 5 regulations made under section 250.
10 15 (5) The amounts specified in regulations, the minimum amount specified in subclause (3), and the maximum amount speci- fied in subclause (4) must be adjusted in the manner provided in section 24.
Compare: 2001 No 49 Schedule 1 cl 56 52 VANZ not to assess entitlement until it receives medical certificate as to stability of veteran’s condition (1) VANZ must not assess the veteran’s entitlement to lump sum compensation until the earlier of the following: (a) VANZ receives a certificate from a medical practitioner indicating that— (i) the veteran’s condition resulting from the injury or illness has stabilised; and it is likely that there is permanent impairment 20 resulting from the injury or illness; or (ii) (b) after 2 years have passed since the date of the injury or illness, VANZ receives a certificate from a medical practitioner indicating that— (i) the veteran’s condition resulting from the injury 25 or illness has not stabilised; but it is likely that there is permanent impairment resulting from the injury or illness.
(ii) (2) A certificate provided under subclause (1) in respect of in- jury or illness that is mental injury or illness must— (a) state that it is likely that permanent impairment has arisen from the mental injury or illness; and be provided by a medical practitioner who is suitably qualified (to VANZ’s satisfaction) to assess mental in- jury or illness.
(b) 30 35 199 Schedule 2 Veterans’ Support Bill Part 3—continued (3) VANZ is responsible for paying the reasonable costs associ- ated with the provision of a certificate under subclause (1).

Compare: 2001 No 49 Schedule 1 cl 57 53 Assessment of entitlement to lump sum compensation (1) After VANZ receives a certificate under clause 52, VANZ 5 must authorise an assessor to do an assessment of the veteran.

(2) An assessor assesses the veteran’s percentage of whole-person (3) (b) impairment.
In doing an assessment under this clause, an assessor must— (a) assess the veteran in accordance with regulations made 10 under this Act; and exclude from the assessment any permanent impair- ment— (i) that does not result from injury or illness for which the veteran has entitlements under this 15 Act: that arises from injuries or illness suffered before the commencement of this Part; and (ii) (c) include in the assessment any permanent impairment for which the veteran has received lump sum compen- 20 sation under this Part.
(4) Subclause (3) applies subject to any regulations made under section 250.

(5) A veteran who has suffered more than 1 injury or illness must be assessed by establishing, in accordance with regulations 25 made under this Act, the combined effect of those injuries.

(6) However, no veteran is to be assessed as having more than 100% whole-person impairment.
(7) VANZ is responsible for paying the veteran’s reasonable costs associated with the assessment if the costs are incurred with 30 VANZ’s prior agreement.

In this clause and clause 55, assessor means an assessor ap- pointed under section 199.
Compare: 2001 No 49 Schedule 1 cl 59 (8) 200 Veterans’ Support Bill Schedule 2 Part 3—continued 54 Payment of lump sum compensation for permanent impairment (1) VANZ determines an amount of lump sum compensation based on an assessment of whole-person impairment under clause 53 and regulations under clause 51.

5 (2) Any amount derived under subclause (1) has deducted from it any lump sum compensation for permanent impairment received previously under this Part, as adjusted under sub- clause (3).
If a veteran has received lump sum compensation for perman- 10 ent impairment previously under this Part, the amount received previously must be adjusted for the purposes of subclause (2) in the manner provided in section 24.

(3) (4) VANZ must notify the veteran of— the assessed degree of whole-person impairment; and the amount of lump sum compensation payable, if any.
(a) (b) Compare: 2001 No 49 Schedule 1 cl 60 15 Reassessment of entitlement to lump sum compensation 55 Clauses 50 to 54 apply to reassessments under this clause.

(1) (2) VANZ must arrange for an assessor to reassess a veteran if— 20 (a) the veteran was assessed after VANZ received a certifi- cate under clause 52(1)(b) and before VANZ received a certificate under clause 52(1)(a); and (b) VANZ then receives a certificate under clause 52(1)(a).
25 (3) A reassessment under subclause (2) is not a reassessment for the purposes of subclause (7).

(4) VANZ must arrange for an assessor to reassess a veteran who produces to VANZ a certificate from a medical practitioner indicating that the veteran’s permanent impairment is likely 30 to have increased since the date of assessment.

(5) Subclause (4) is subject to subclauses (6) and (7).
(6) A certificate provided under subclause (4) in respect of in- jury or illness that is mental injury or illness must be provided 201 Schedule 2 Veterans’ Support Bill Part 3—continued by a medical practitioner who is suitably qualified (to VANZ’s satisfaction) to assess mental injury or illness.

(7) A veteran is not entitled to more than 1 reassessment under subclause (4) in any 12-month period.
Compare: 2001 No 49 Schedule 1 cl 61 5 56 57 Payment of entitlement to lump sum compensation to deceased veteran’s estate If a veteran dies after the completion of the assessment of the degree of permanent impairment but before payment of the lump sum, VANZ is responsible for paying the lump sum to 10 the deceased veteran’s estate.
Compare: 2001 No 49 Schedule 1 cl 62 Part 4 Entitlements arising from fatal injuries Child not born at date of veteran’s death For the purposes of this Part, any child of a veteran who is born within 12 months after the veteran’s death is deemed to be— dependent on the veteran at the date of the veteran’s (a) death; and under the care of the surviving parent of the child on 20 that date.
(b) 15 Compare: 2001 No 49 Schedule 1 cl 63 Funeral grant 58 (1) VANZ is responsible for paying to a deceased veteran’s estate a funeral grant of the lesser of— (a) (b) the actual costs of the funeral; or $4,500.

(2) Adjustments to the amount specified in subclause (1) must be made in the manner provided in section 24.
Compare: 2001 No 49 Schedule 1 cl 64 25 30 202 Veterans’ Support Bill Schedule 2 Part 4—continued Survivor’s grant 59 (1) VANZ is responsible for paying a survivor’s grant for a de- ceased veteran as follows: (a) to a surviving spouse or partner of the veteran, $25,000 but, if there is more than 1 surviving spouse or partner, 5 VANZ must divide that amount equally between them: to each child of the veteran who has not yet turned 18 years, $10,000: to any other dependant of the veteran, $10,000.
(2) Adjustments to the amounts specified in subclause (1) must 10 (b) (c) be made in the manner provided in section 24.

Compare: 2001 No 49 Schedule 1 cl 65 60 Weekly compensation for surviving spouse or partner (1) VANZ is responsible for paying weekly compensation to a sur- (2) (3) viving spouse or partner (claimant) of a deceased veteran.
Subsection (1) does not apply if, immediately before the vet- eran’s death— (a) the veteran and the claimant were living apart or were not maintaining a relationship in the nature of marriage; and the claimant was not contributing to the veteran’s day- to-day welfare.

(b) 15 20 Subsection (1A) does not apply if the circumstances de- scribed in the subsection occurred principally because of the health, imprisonment, or employment obligations of the 25 veteran or the claimant.
(4) Weekly compensation payable under this clause is payable from the date of the veteran’s death at the rate of 60% of the weekly compensation for loss of earnings to which the veteran would have been entitled at the end of 5 weeks of incapacity, 30 had he or she lived but been totally incapacitated.

Subclause (2) is subject to clause 69.


(5) (6) VANZ must not cancel or suspend the surviving spouse’s or partner’s weekly compensation— (a) because the spouse or partner marries, enters into a civil 35 union, or enters into a de facto relationship; or 203 Schedule 2 Veterans’ Support Bill Part 4—continued (c) (b) because of the age that the veteran would have reached if he or she had not died.
(7) The surviving spouse or partner ceases to be entitled to weekly compensation on the latest of— (a) 5 the end of 5 consecutive years from the date on which it first became payable: the surviving spouse or partner ceasing to have the care of all of the children who are under the age of 18 years: the youngest of the children of the deceased who is in 10 the care of the surviving spouse or partner turning 18 years: the surviving spouse or partner ceasing to have the care of all other dependants of the deceased veteran who were in the surviving spouse’s or partner’s care.
15 (b) (c) (d) Compare: 2001 No 49 Schedule 1 cl 66 61 Surviving spouse or partner may choose to convert weekly compensation to aggregated payment or payments (1) A surviving spouse or partner may choose to convert an en- titlement to weekly compensation under clause 60 to 1 or 20 more aggregated payments.
(2) VANZ must, if requested by the spouse or partner, provide the spouse or partner with actuarial calculations of any options specified by the spouse or partner for aggregating the spouse’s entitlement under clause 60.

The spouse or partner must not specify an option under sub- clause (2) involving 2 or more payments unless the payments are to be made at 6-monthly intervals.
(3) (4) A spouse or partner converts his or her entitlement to weekly 25 compensation under clause 60 to aggregated payments by 30 giving VANZ notice in writing of the option the spouse or partner has chosen.

If VANZ provides aggregated payments to a spouse or partner in accordance with the option chosen by the spouse or partner, (5) 204 Veterans’ Support Bill Schedule 2 Part 4—continued VANZ must not provide weekly compensation to the spouse or partner under clause 60.
Compare: 2001 No 49 Schedule 1 cl 67 62 (1) Surviving spouse or partner entitled to financial advice in certain circumstances This section applies if— (a) a surviving spouse or partner converts under clause 61 an entitlement to weekly compensation to 1 or more aggregated payments; and the aggregated payment or payments are equal to or 10 greater than the prescribed amount.
(b) 5 (2) VANZ must provide, or meet the cost of providing, the surviv- ing spouse or partner with financial advice from an authorised financial adviser under the Financial Advisers Act 2008 for the purpose of enabling the surviving spouse or partner to make an 15 informed decision about investing the lump sum.
Regulations may be made under section 250 specifying— (a) (3) the prescribed amount for the purposes of subsection (1)(b): any limits on the extent to which VANZ provides, or 20 meets the cost of providing, financial advice: whether VANZ will arrange for the provision of finan- cial advice in all cases or meet the costs of financial ad- vice in all cases, or a combination of both.
(b) (c) (4) 63 (1) To avoid doubt, VANZ is under no liability for advice provided 25 by an authorised financial adviser under this section.

Relationship between surviving spouse’s or partner’s weekly compensation and New Zealand superannuation Subclause (2) applies to a surviving spouse or partner who— (a) is entitled to weekly compensation immediately before 30 reaching the New Zealand superannuation qualification age; and has been entitled to it for 12 months or longer before reaching that age.
(b) 205 Schedule 2 Veterans’ Support Bill Part 4—continued (2) (3) (4) (5) Such a surviving spouse or partner is entitled to the weekly compensation if he or she makes an election to be entitled to it, rather than to New Zealand superannuation.

Subclauses (4) and (5) apply to a surviving spouse or partner who becomes entitled to weekly compensation— (a) within 12 months before reaching New Zealand super- annuation qualification age; or on or after reaching the New Zealand superannuation qualification age.
(b) 5 Such a surviving spouse or partner is entitled to the weekly 10 compensation for a period of 12 months following the later of— (a) the date of reaching the New Zealand superannuation qualification age; or (b) the date of entitlement to weekly compensation.

The surviving spouse or partner then continues to be entitled to the weekly compensation if he or she makes an election to be entitled to it, rather than to New Zealand superannuation.
15 (6) Nothing in this clause entitles a surviving spouse or partner to weekly compensation if he or she is not otherwise entitled to 20 it under this schedule.
Compare: 2001 No 49 Schedule 1 cl 68 Election for purposes of clause 63 64 (1) A surviving spouse or partner must make an election under clause 63(2) or (5) within the period that is the latest of the 25 following: (a) within 1 month before the date on which the election would take effect; or (b) within 1 month after the surviving spouse or partner has been notified of the amount of the weekly compen- 30 sation by VANZ, the reviewer, or the Appeal Board, whichever is applicable in the surviving spouse’s or partner’s case; or 206 Veterans’ Support Bill Schedule 2 Part 4—continued (c) before 1 month before the surviving spouse or partner reaches the New Zealand superannuation qualification age.
(2) VANZ may allow a surviving spouse or partner to exercise or revoke an election under clause 63(2) or (5) after the period 5 specified in subclause (1) has ended, but only if VANZ is satisfied that the surviving spouse’s or partner’s circumstances have changed significantly since the end of the period.

Compare: 2001 No 49 Schedule 1 cl 69 65 Weekly compensation for child (1) VANZ is responsible for paying weekly compensation to a 10 (2) (3) (4) child of a deceased veteran.
Compensation payable under this clause is payable from the date of the veteran’s death at the rate of 20% of the compensa- tion for loss of earnings to which the veteran would have been 15 entitled at the end of 5 weeks of incapacity, had he or she lived but been totally incapacitated.

If there is more than 1 child, the compensation payable under subclause (2) must be divided equally among the children.
If the spouse or partner of a deceased veteran dies, subclause 20 (2) applies as if the reference to 20% were a reference to 80%.

Subclause (2) is subject to clause 69.

(5) (6) VANZ must not cancel or suspend the child’s weekly compen- sation because of the age that the veteran would have reached if he or she had not died.
The child ceases to be entitled to weekly compensation on the later of— (a) (7) (b) the end of the calendar year in which the child turns 18 years; or if the child is in full-time study at a place of education, 30 the earliest of ceasing the study, completing the study, or turning 23 years.
Compare: 2001 No 49 Schedule 1 cl 70 25 207 Schedule 2 Veterans’ Support Bill Part 4—continued 66 Weekly compensation for other dependants (1) VANZ is responsible for paying weekly compensation to any (2) other dependant of a deceased veteran.
Compensation payable under this clause is payable from the date of the veteran’s death at the rate of 20% of— (a) 5 the compensation for loss of earnings to which the vet- eran would have been entitled at the end of 5 weeks of incapacity, had he or she lived but been totally incap- acitated; or the compensation for loss of potential earning capacity 10 to which the veteran would have been entitled at the end of 6 months of incapacity, had he or she lived but been totally incapacitated.
(b) Subclause (2) is subject to clause 69.

(3) (4) VANZ must not cancel or suspend the other dependant’s 15 weekly compensation because of the age that the veteran would have reached if he or she had not died.
The other dependant ceases to be entitled to weekly compen- sation on the earlier of the following: (a) (5) the other dependant has or will have, over a period of 20 12 months, average earnings per week greater than the rate specified under clause 42(3): if clause 67 applies to the other dependant, the event occurs under that clause that ends the other dependant’s entitlement to weekly compensation.
25 (b) Compare: 2001 No 49 Schedule 1 cl 71 Relationship between other dependant’s weekly compensation and New Zealand superannuation Subclause (2) applies to any other dependant who— (a) is entitled to weekly compensation immediately before 30 reaching the New Zealand superannuation qualification age; and has been entitled to it for 24 months or longer before reaching that age.

(b) Such a dependant loses his or her entitlement to weekly com- 35 pensation on reaching that age.
67 (1) (2) 208 Veterans’ Support Bill Schedule 2 Part 4—continued (4) (3) Subclauses (4) and (5) apply to any other dependant who becomes entitled to weekly compensation 12 months or more, but less than 24 months, before reaching the New Zealand superannuation qualification age.

Such a dependant is entitled to weekly compensation for 24 5 months from the date of entitlement to the compensation.
(5) However, the other dependant’s entitlement to the compensa- tion is dependent on his or her making an election to be entitled to the compensation, rather than to New Zealand superannu- ation, after reaching the New Zealand superannuation qualifi- 10 cation age.
Subclauses (7) and (8) apply to any other dependant who becomes entitled to weekly compensation— (a) (6) within 12 months before reaching the New Zealand superannuation qualification age; or on or after reaching the New Zealand superannuation qualification age.
(b) 15 (7) (8) Such a dependant is entitled to the weekly compensation for a period of 12 months following the later of— (a) the date of reaching the New Zealand superannuation 20 qualification age; or (b) the date of entitlement to weekly compensation.

The other dependant is then entitled to the weekly compensa- tion for the next 12 months, if he or she makes an election to be entitled to the compensation, rather than to New Zealand 25 superannuation, for those next 12 months.
(9) Nothing in this clause entitles any other dependant to weekly compensation if he or she is not otherwise entitled to it under this schedule.
Compare: 2001 No 49 Schedule 1 cl 72 30 68 (1) Election for purposes of clause 67 The other dependant must make an election under clause 67(5) or (8) within the period that is the latest of the follow- ing: (a) within 1 month before the date on which the election 35 would take effect; or 209 Schedule 2 Veterans’ Support Bill Part 4—continued (c) (b) within 1 month after the other dependant has been no- tified of the amount of the weekly compensation by VANZ, the reviewer, or the Appeal Board, whichever is applicable in the other dependant’s case; or before 1 month before the other dependant reaches New 5 Zealand superannuation qualification age.
(2) VANZ may allow any other dependant to exercise or revoke an election under clause 67(5) or (8) after the period specified in subclause (1) has ended, but only if VANZ is satisfied that the other dependant’s circumstances have changed significantly 10 since the end of the period.
Compare: 2001 No 49 Schedule 1 cl 73 69 Maximum payments (1) The total amount of weekly compensation payable under clauses 60 to 68 must not exceed the weekly compensation 15 for loss of earnings to which the veteran would have been entitled at the end of 5 weeks of incapacity, had he or she lived but been totally incapacitated.
(2) VANZ may reduce all weekly compensation calculated under those clauses pro rata, and may readjust it from time to time, if 20 VANZ considers the reduction and readjustment is necessary for the purposes of subclause (1).
Compare: 2001 No 49 Schedule 1 cl 74 70 Spouse or partner status or dependency arising after date of injury or illness 25 (1) VANZ is responsible for providing entitlements to a person who— (a) (b) becomes the spouse or partner or a dependant of the vet- eran after the date on which the veteran suffered injury or illness; and is the spouse or partner or a dependant of the veteran at the date of the veteran’s death as a result of injury or illness for which he or she has entitlements under this Act.
Subclause (1) is subject to subclause (3).

(2) 210 30 35 Veterans’ Support Bill Schedule 2 Part 4—continued (3) VANZ is not responsible under subclause (1) if VANZ de- cides, on reasonable grounds, that the main purpose of the per- son in becoming a spouse or partner or dependant was to qual- ify for entitlements.
Compare: 2001 No 49 Schedule 1 cl 75 Child care payments 71 Child care payments for children of deceased veteran (1) VANZ is responsible for paying a child of a deceased veteran a payment for child care on receiving a written application for it by or on behalf of the child.
The amount of any weekly entitlement to payment for child care per child is as follows: (a) (2) 5 10 (b) (c) if the number of children of a deceased veteran entitled to payment for child care is 1, $100; and if the number of children of a deceased veteran entitled 15 to payment for child care is 2, $60; and if the number of children of a deceased veteran entitled to payment for child care is 3 or more, $140 divided by the number of children of the veteran for whom pay- ment is being made.
20 (3) VANZ is not responsible for any administration costs incurred by or on behalf of the child in purchasing child care.

(4) Adjustments to the amounts specified in subclause (2) must be made in the manner provided in section 24.

Compare: 2001 No 49 Schedule 1 cl 76 Duration of child care payments 72 (1) VANZ is responsible for making payments for child care on (2) and from the date of death of the deceased veteran.
The child ceases to be entitled to child care payments on the earlier of— (a) 5 years after the date on which the entitlement started; or on the date on which— (i) the child turns 14 years; or (b) 25 30 211 Schedule 2 Veterans’ Support Bill Part 4—continued (ii) if the child is older and needs child care because of his or her physical or mental condition, the child ceases to need child care.
(3) A child who, immediately before the deceased veteran’s death, was entitled to payments for child care because of the death of 5 another deceased veteran has no entitlement for the subsequent death.

(4) However, VANZ must start counting the 5-year period referred (5) to in subclause (2)(a) at the date of the subsequent death.

This clause applies despite anything in this schedule.
Compare: 2001 No 49 Schedule 1 cl 77 Child care payments made to caregiver 73 (1) VANZ must make, on behalf of the child, every payment for child care to a person who is responsible for arranging for the child’s care.

(2) VANZ is not under an obligation to see to the application of any money paid to any person under subclause (1), and is not liable to the child in respect of any such payment.
Compare: 2001 No 49 Schedule 1 cl 78 10 15 212 Veterans’ Support Bill Schedule 3 Schedule 3 Specified Pacific countries s 177 American Samoa Cook Islands Federated States of Micronesia Fiji French Polynesia Guam Kiribati Marshall Islands Nauru New Caledonia Niue Northern Mariana Islands Palau Papua New Guinea Pitcairn Island Samoa Solomon Islands Tokelau Tonga Tuvalu Vanuatu Wallis and Futuna 5 10 15 20 213 Schedule 4 Veterans’ Support Bill Schedule 4 Consequential amendments Part 1 Amendments to Social Security Act 1964 s 262 5 Section 3 In section 3(1), definition of benefit, paragraph (b)(i), replace “Part 6 of the War Pensions Act 1954” with “Part 6 of the Veterans’ Support Act 2013”.
In section 3(1), definition of income, paragraph (f)(i), replace “Part 6 of the War Pensions Act 1954” with “Part 6 of the Veterans’ Support 10 Act 2013”.

In section 3(1), definition of income, paragraph (f)(ii), replace “the War Pensions Act 1954” with “the Veterans’ Support Act 2013”.

In section 3(1), definition of income, paragraph (f)(iii), replace “Part 2 or Part 4 or Part 5 of the War Pensions Act 1954” with “the Vet- 15 erans’ Support Act 2013”.
In section 3(1), definition of income-tested benefit, replace para- graph (f) with: “(f) New Zealand superannuation payable at the appropri- ate rate in clause 2 of Schedule 1 of the New Zealand 20 Superannuation and Retirement Income Act 2001 or a veteran’s pension payable under Part 6 of the Veteran’s Support Act 2013 if the pension is subject to abatement under section 158 of that Act:”.
In section 3(1), definition of veteran’s pension, replace “Part 6 of 25 the War Pensions Act 1954” with “Part 6 of the Veterans’ Support Act 2013”.

In section 3(3), replace “Part 6 of the War Pensions Act 1954” with “Part 6 of the Veterans’ Support Act 2013”.

Section 5 In section 5(1), delete “Part 6 of the War Pensions Act 1954”.

30 Section 10B In section 10B(1)(l), replace “section 70 of the War Pensions Act 1954” with “section 150 of the Veterans’ Support Act 2013”.
214 Veterans’ Support Bill Schedule 4 Part 1—continued Section 11 In section 11(2)(a), replace “Part 6 of the War Pensions Act 1954” with “Part 6 of the Veterans’ Support Act 2013”.

In section 11(2)(f), replace “Part 6 of the War Pensions Act 1954” with “Part 6 of the Veterans’ Support Act 2013”.

5 Section 12I In section 12I(1), delete “and section 16A of the War Pensions Act 1954”.

Section 12J In section 12J(1)(c), delete “or Part 6 of the War Pensions Act 1954”.
10 After section 12J(1)(ca), insert: “(cb) Part 6 of the Veterans’ Support Act 2013, subject to section 162(2) of that Act; or”.

In section 12J(2)(d), replace “section 70 of the War Pensions Act 1954” with “section 150 of the Veterans’ Support Act 2013”.

15 Section 39D In section 39D(b), replace “War Pensions Act 1954, apart from a child’s war pension or a war orphan’s pension” with “Veterans’ Sup- port Act 2013, apart from a children’s pension”.
Section 61DA In section 61DA(a), after “2001”, insert “ or clause 58 of Schedule 2 of the Veterans’ Support Act 2013”.

In section 61DA(b), replace “section 74A of the War Pensions Act 1954” with “section 161 of the Veterans’ Support Act 2013”.

In section 61DA(c), replace “under regulation 45 of the War Pensions 25 Regulations 1956, or an analogous payment,” with “under Part 5 of the Veterans’ Support Act 2013”.
20 Section 64 In section 64(1), replace “Part 6 of the War Pensions Act 1954” with “Part 6 of the Veterans’ Support Act 2013”.

30 215 Schedule 4 Veterans’ Support Bill Section 64—continued Part 1—continued In section 64(2A), replace “Part 6 of the War Pensions Act 1954” with “Part 6 of the Veterans’ Support Act 2013”.
Section 69C In section 69C(4), replace “war disablement pension under the War Pensions Act 1954” with “disablement pension under Part 3, or an 5 entitlement under Part 4, of the Veterans’ Support Act 2013”.

Section 69FA In section 69FA(1), definition of income, replace paragraph (a)(ii) with: “(ii) the Veterans’ Support Act 2013 (other than a 10 disablement pension under Part 3 of that Act); and”.
Section 69G In section 69G, replace “Part 6 of the War Pensions Act 1954” with “Part 6 of the Veterans’ Support Act 2013” in each place.

15 Section 69H In section 69H, replace “Part 6 of the War Pensions Act 1954” with “Part 6 of the Veterans’ Support Act 2013” in each place.

Section 70 In section 70, replace “Part 6 of the War Pensions Act 1954” with 20 “Part 6 of the Veterans’ Support Act 2013” in each place.
In section 70(1), replace “under the War Pensions Act 1954” with “under the Veterans’ Support Act 2013” in each place.

In section 70(1B), replace “section 74J of the War Pensions Act 1954” with “section 169 of the Veterans’ Support Act 2013”.

25 Section 71 In section 71(1), replace “Part 6 of the War Pensions Act 1954” with “Part 6 of the Veterans’ Support Act 2013”.
216 Veterans’ Support Bill Schedule 4 Part 1—continued Section 71A In section 71A(1), replace “section 74D of the War Pensions Act 1954” with “section 158 of the Veterans’ Support Act 2013”.

Section 72 In the heading to section 72, delete “war”.

In section 72(b), replace “War Pensions Act 1954” with “the Vet- erans’ Support Act 2013”.

In section 72(b)(ia), replace “Part 6 of that Act” with “Part 6 of that Act”.
Replace section 72(b)(ii) with: “(ii) a surviving spouse or partner pension under Part 3 of the Veterans’ Support Act 2013; or”.

5 10 In section 72(b), delete “provided also that, if a mother’s allowance is payable to a widow under the War Pensions Act 1954, the rate of benefit shall not exceed the benefit that could be paid to that widow 15 if she had no dependent child or children:”.
In section 72(b), replace “child’s pension under section 36, section 62, or section 65 of the War Pensions Act 1954” with “children’s pension under section 65 of the Veterans’ Support Act 2013”.

Section 74 In section 74(1), replace “Part 6 of the War Pensions Act 1954” with “Part 6 of the Veterans’ Support Act 2013”.

20 Section 74A In section 74A(5), replace “Part 6 of the War Pensions Act 1954” with “Part 6 of the Veterans’ Support Act 2013”.
25 Section 77 In section 77(1)(d), replace “sections 74E to 74T of the War Pensions Act 1954” with “sections 163 to 183 of the Veterans’ Support Act 2013”.

In section 77(9)(b), replace “Part 6 of the War Pensions Act 1954” 30 with “Part 6 of the Veterans’ Support Act 2013”.

217 Schedule 4 Veterans’ Support Bill Part 1—continued Section 80 In section 80(1), replace “Part 6 of the War Pensions Act 1954” with “Part 6 of the Veterans’ Support Act 2013”.
Section 85A In section 85A(f), replace “Part 6 of the War Pensions Act 1954” with 5 “Part 6 of the Veterans’ Support Act 2013”.

Section 86 In section 86(2), replace “Part 6 of the War Pensions Act 1954” with “Part 6 of the Veterans’ Support Act 2013”.

Section 127 In section 127(a), replace “Part 6 of the War Pensions Act 1954” with “Part 6 of the Veterans’ Support Act 2013”.
10 Section 157 In section 157, definition of specified beneficiary, paragraph (d), re- place “paid at a rate specified in clause 2 of Schedule 11 of the War 15 Pensions Act 1954” with “at the relationship (partner not receiving superannuation or pension) rate or the relationship (partner not re- ceiving superannuation or pension) legacy rate (as defined in sec- tion 145 of the Veterans’ Support Act 2013)”.
Schedule 3A In Schedule 3A, clause 2, replace “War Pensions Act 1954” with “Veterans’ Support Act 2013”.

20 Part 2 Amendments to other Acts Child Support Act 1991 (1991 No 142) In section 131, replace “Part 6 of the War Pensions Act 1954” with “Part 6 of the Veterans’ Support Act 2013”.

In section 240(2)(d), replace “Secretary for War Pensions” with “General Manager of Veterans Affairs New Zealand”.
25 218 Veterans’ Support Bill Schedule 4 Child Support Act 1991 (1991 No 142)—continued Part 2—continued In section 240(2)(d), replace “Part 6 of the War Pensions Act 1954” with “Part 6 of the Veterans’ Support Act 2013”.

In section 263(2)(b(iii), replace “Part 6 of the War Pensions Act 1954” with “Part 6 of the Veterans’ Support Act 2013”.
Child Support Amendment Act 2013 (2013 No 12) In section 38, new section 129(4)(c), replace “Part 6 of the War Pen- sions Act 1954” with “Part 6 of the Veterans’ Support Act 2013”.

5 Crown Proceedings Act 1950 (1950 No 54) Repeal section 9(1) to (2A).

Defence Act 1990 (1990 No 28) In section 46, replace “War Pensions Act 1954” with “Veterans’ Sup- port Act 2013”.

In section 80(1), replace “War Pensions Act 1954” with “Veterans’ Support Act 2013”.
Health Research Council Act 1990 (1990 No 68) Repeal section 51.

Housing Restructuring and Tenancy Matters Act 1992 (1992 No 76) In Schedule 2, clause 9(a)(ii), replace “Part 6 of the War Pensions Act 1954” with “Part 6 of the Veterans’ Support Act 2013”.
10 15 20 Income Tax Act 2007 (2007 No 97) In section CF 1(2), after paragraph (h), insert: “(i) a payment of weekly compensation made under sub- part 4 of Part 4 of the Veterans’ Support Act 2013.” In section CW 28(1)(a), replace “War Pensions Act 1954, other than” 25 with “Veterans’ Support Act 2013 (including a lump sum paid pur- suant to an election under section 46(1)(b) of that Act), other than weekly compensation paid under subpart 4 of Part 4 of that Act or”.
219 Schedule 4 Veterans’ Support Bill Income Tax Act 2007 (2007 No 97)—continued Part 2—continued In section CW 34(2), after paragraph (c), insert: “(d) an impairment payment made under subpart 3 of Part 4 of the Veterans’ Support Act 2013.” In section MA 5, replace “person appointed under section 61A of the Defence Act 1990 for the purposes of the War Pensions Act 1954” 5 with “General Manager of Veterans Affairs New Zealand appointed under section 187(1) of the Veterans’ Support Act 2013”.
In section MB 13(2)(m), replace “War Pensions Act 1954” with “Vet- erans’ Support Act 2013”.

In section RD 5(6)(bb), replace “section 74J(2)(b) of the War Pen- 10 sions Act 1954” with “section 169 of the Veterans’ Support Act 2013”.
In section YA 1, definition of portable veteran’s pension, replace paragraph (a) and (b) with: “(a) section 169(1)(a) of the Veterans’ Support Act 2013, 15 or under section 169(1)(b) where the pensioner is re- siding in a country to which section 168(a) of that Act applies; or “(b) section 178 of the Veterans’ Support Act 2013; or”.

In section YA 1, definition of veteran’s pension, replace “Part 6 of 20 the War Pensions Act 1954” with “Part 6 of the Veterans’ Support Act 2013”.
Official Information Act 1982 (1982 No 156) In Schedule 1, repeal the item relating to the War Pensions Advisory Board.

25 Public Audit Act 2001 (2001 No 10) In Schedule 2, repeal the item relating to the War Pensions Advisory Board.

In Schedule 2, insert in its appropriate alphabetical order “Veterans’ Medical Research Trust Fund”.
30 220 Veterans’ Support Bill Schedule 4 Part 2—continued Public Bodies Contracts Act 1959 (1959 No 98) In Schedule 1, Part 2, repeal the item relating to the War Pensions Advisory Board.

Rates Rebate Act 1973 (1973 No 5) In section 2(1), definition of income, paragraph (d)(vii), replace “Part 5 6 of the War Pensions Act 1954” with “Part 6 of the Veterans’ Sup- port Act 2013”.
Social Welfare (Transitional Provisions) Act 1990 (1990 No 26) In section 2(2), replace “section 2 of the War Pensions Act 1954” with “section 7 of the Veterans’ Support Act 2013”.

In section 19(1)(b), replace “Part 6 of the War Pensions Act 1954” with “Part 6 of the Veterans’ Support Act 2013”.

10 Part 3 Amendments to regulations Court of Appeal Fees Regulations 2001 (SR 2001/309) In regulation 5(3)(b)(ii), replace “War Pensions Act 1954” with “Vet- erans’ Support Act 2013”.
15 Customs and Excise Regulations 1996 (SR 1996/232) In regulation 81A(2)(b)(ii), replace “War Pensions Act 1954” with “Veterans’ Support Act 2013”.

20 District Courts Fees Regulations 2009 (SR 2009/318) In regulation 5(3)(b)(ii), replace “War Pensions Act 1954” with “Vet- erans’ Support Act 2013”.

Family Courts Fees Regulations 2009 (SR 2009/88) In regulation 7(3)(b)(ii), replace “War Pensions Act 1954” with “Vet- 25 erans’ Support Act 2013”.
221 Schedule 4 Veterans’ Support Bill Part 3—continued Health Entitlement Cards Regulations 1993 (SR 1993/169) In regulation 8(1)(d)(v), replace “War Pensions Act 1954” with “Vet- erans’ Support Act 2013”.

In regulation 8(1)(d)(vi), replace “section 74(2) of the War Pensions Act 1954” with “section 159(2)(b) or (c) of the Veterans’ Support 5 Act 2013”.

High Court Fees Regulations 2013 (SR 2013/226) In regulation 19(b)(ii), replace “War Pensions Act 1954” with “Vet- erans’ Support Act 2013”.
Income Tax (Social Assistance Suspensory Loans) Order 1995 (SR 1995/79) In the Schedule, clause 3, replace “the Secretary for War Pensions under Part 9 of the War Pensions Regulations 1956” with “the Gen- eral Manager of Veterans Affairs New Zealand under Part 5 of the Veterans’ Support Act 2013”.
10 15 Social Security (Debt Recovery Suspension) Regulations 2007 (SR 2007/86) Replace regulation 12(4) with: “(4) In this regulation, specified rate means the appropriate rate— “(a) set out in clause 2 of Schedule 1 of the New Zealand 20 Superannuation and Retirement Income Act 2001; or specified in section 155(2) of the Veterans’ Support Act 2013.” “(b) Social Security (Effect on Benefit of Warrant to Arrest—Excluded Beneficiaries) Regulations 2013 (SR 2013/249) In regulation 9(1)(b), replace “section 74J of the War Pensions Act 1954” with “section 169 of the Veterans’ Support Act 2013”.
In regulation 9(2)(b), replace “section 74O of the War Pensions Act 1954” with “section 178 of the Veterans’ Support Act 2013”.
25 30 222 Veterans’ Support Bill Schedule 4 Part 3—continued Social Security (Period of Income Assessment) Regulations 1996 (SR 1996/128) In the Schedule, clause 1, replace “any rate set out in clause 2 of Schedule 11 of the War Pensions Act 1954 or in respect of any rate set out in clause 1 of that schedule in the case of a veteran’s pension 5 that is subject to abatement under section 74D of that Act” with “any rate specified in section 155(2) of the Veterans’ Support Act 2013 that is subject to abatement under section 158 of that Act”.
Social Security (SuperGold Card) Regulations 2007 (SR 2007/209) In regulation 6(1)(e), replace “section 70(1)(a) of the War Pensions Act 1954” with “section 148(1)(a) of the Veterans’ Support Act 2013”.
In regulation 8, replace paragraphs (c) and (d) with: 10 “(c) “(d) is under the age of 65 years, and is receiving veteran’s 15 pension payments payable under Part 6 of the Veterans’ Support Act 2013 pursuant to an election made by his or her spouse or partner under section 159(2) of that Act; or is under the age of 65 years, and is receiving a veteran’s 20 pension under section 150 of the Veterans’ Support Act 2013.” Social Security (Temporary Additional Support) Regulations 2005 (SR 2005/334) In regulation 4, definition of net rate, paragraph (a), replace “Sched- 25 ule 11 of the War Pensions Act 1954” with “the regulations speci- fying rates of veteran’s pension under section 155 of the Veterans’ Support Act 2013”.
In regulation 4, definition of standard tax, replace “section 74C of the War Pensions Act 1954” with “section 157 of the Veterans’ 30 Support Act 2013”.

In regulation 6(1)(a), replace “War Pensions Act 1954” with “Vet- erans’ Support Act 2013”.

223 Schedule 4 Veterans’ Support Bill Social Security (Temporary Additional Support) Regulations 2005 (SR 2005/334)—continued Part 3—continued In Schedule 1, replace clause 3(d) with: “(d) any pension or allowance payable under the Veterans’ Support Act 2013:”.
In Schedule 1, clause 3(e), replace “War Pensions Act 1954” with “Veterans’ Support Act 2013”.

5 Social Welfare (Reciprocity with Australia) Order 2002 (SR 2002/119) In regulation 4(1)(aa), replace “Part 6 of the War Pensions Act 1954” with “Part 6 of the Veterans’ Support Act 2013”.

Social Welfare (Reciprocity with Canada) Order 1996 (SR 1996/178) In regulation 3(2)(aa), replace “Part 6 of the War Pensions Act 1954” with “Part 6 of the Veterans’ Support Act 2013”.
Social Welfare (Reciprocity with Denmark) Order 1997 (SR 1997/135) In regulation 3(2)(aa), replace “Part 6 of the War Pensions Act 1954” with “Part 6 of the Veterans’ Support Act 2013”.

10 15 Social Welfare (Reciprocity with Ireland) Order 1993 (SR 1993/251) In regulation 2(2), replace “Part 6 of the War Pensions Act 1954” 20 with “Part 6 of the Veterans’ Support Act 2013”.
Social Welfare (Reciprocity with Jersey and Guernsey) Order 1995 (SR 1995/44) In regulation 2(2), replace “Part 6 of the War Pensions Act 1954” with “Part 6 of the Veterans’ Support Act 2013”.

25 Social Welfare (Reciprocity with the Hellenic Republic) Order 1993 (SR 1993/347) In regulation 2(2), replace “Part 6 of the War Pensions Act 1954” with “Part 6 of the Veterans’ Support Act 2013”.
224 Veterans’ Support Bill Schedule 4 Part 3—continued Social Welfare (Reciprocity with the United Kingdom) Order 1990 (SR 1990/85) In regulation 2(2), replace “Part 6 of the War Pensions Act 1954” with “Part 6 of the Veterans’ Support Act 2013”.

Student Allowances Regulations 1998 (SR 1998/277) In regulation 2(1), definition of supported child, paragraph (c)(iii), replace “War Pensions Act 1954” with “Veterans’ Support Act 2013”.
In regulation 13(2)(b), replace “War Pensions Act 1954” with “Vet- erans’ Support Act 2013”.

5 10 Supreme Court Fees Regulations 2003 (SR 2003/359) In regulation 5(3)(b)(ii), replace “War Pensions Act 1954” with “Vet- erans’ Support Act 2013”.

Taxation Review Authorities Regulations 1998 (SR 1998/460) In regulation 10A(3)(b)(ii), replace “War Pensions Act 1954” with 15 “Veterans’ Support Act 2013”.
War Pensions (Arrangement with Australia) Regulations 1967 (SR 1967/42) In regulation 2, replace “section 56A of the War Pensions Act 1954 (as inserted by section 3 of the War Pensions Amendment Act 1966)” 20 with “section 264 of the Veterans’ Support Act 2013”.

12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2013 225