Social Welfare (Transitional Provisions—Overseas Pensions) Amendment Act 2002

1: Title
1: This Act is the Social Welfare (Transitional Provisions—Overseas Pensions) Amendment Act 2002.
2: In this Act, the Social Welfare (Transitional Provisions) Act 1990 the principal Act
1: Preliminary provisions
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose
The purpose of this Act is—
a: to amend the principal Act, the Customs and Excise Act 1996 Privacy Act 1993
b: to give the amendments referred to in paragraph (a)
c: to make a minor amendment to the Social Security Act 1964
2: Amendments to principal Act and other Acts
Amendments to principal Act
4: Inclusion of mutual assistance provisions in reciprocity agreement
Section 19A subsections (3) (4) contains is subject to
5: Terms and conditions for recovery of social security debts
1: Section 19B(1)(a) subparagraph (ii)
ii: in respect of which any right of review or appeal of the determination of the debt, under the law under which the debt was determined (other than a right of judicial review or complaint under laws relating to administrative decisions generally, or under human rights laws),—
A: has been exhausted or has expired; or
B: if there is no time limit for the exercise of any such right, has not been exercised, or has been exercised and the review or appeal has been finally determined; and .
2: Section 19B(1) paragraph (f)
fa: if a party gives assistance in respect of any social security debt for which there is no time limit for exercising any right of review or appeal of the determination of the debt under the law under which the debt was determined, or for which there is a time limit but a right of review or appeal may be exercised after its expiry in the discretion of the court or tribunal or body or person concerned, or in the discretion of any other person,—
i: the requesting institution must immediately advise the requested institution if any such right is exercised; and
ii: the requested institution must defer recovery of the debt until notified by the requesting institution that the review or appeal is finally determined: .
3: Section 19B subsection (1)
1A: For the purposes of subsection (1)(a)(ii)
a: if the right has not been exercised within the time limit provided for its exercise; and
b: irrespective of whether the court or tribunal or body or person that would have jurisdiction in respect of the review or appeal, or any other person, retains a discretion (however expressed in that law) to allow the right of review or appeal to be exercised after that time.
6: Terms and conditions for exchange of information for social security purposes
Section 19C(1) paragraph (b)
b: the requested institution of a party may supply to the requesting institution any information about the person to whom the request relates that it holds or is lawfully able to obtain: .
7: Actions by chief executive under mutual assistance provisions
1: Section 19D subsection (4)
4A: Subsection (4B)
a: an agreement contains a provision of the kind referred to in section 19A(2)(b)
b: the social security purposes concerned are wholly or principally the administration of the agreement itself; and
c: the parties to the agreement are likely to frequently exchange information about individuals for the purposes of granting or paying benefits under the agreement, calculating the rates of benefits payable under the agreement, or calculating the rates of other benefits that are affected by the rates of benefits payable under the agreement.
4B: If this subsection applies, if any information received from the competent institution of the other country under the provision contains identifying information about any individual (including the unique identifier assigned to that individual by that institution) who has applied for a benefit payable under the agreement in either country and produces a discrepancy with information already held about that person by the chief executive, and the chief executive has not previously given notice under this subsection, the chief executive must give that individual written notice—
a: specifying particulars of the discrepancy and of the action the chief executive proposes to take as a result of that discrepancy; and
b: specifying the unique identifiers assigned to that individual by the competent institutions of both countries; and
c: informing him or her that information received from the other country about that individual will be matched with information in the department's possession using those unique identifiers; and
d: specifying the kinds of information about the individual that the chief executive is likely to receive from the other country under the agreement; and
e: specifying the kinds of actions that the chief executive may take as a result of information about that individual received at any subsequent time from the other country under the agreement; and
f: specifying the likely consequences of those actions for any benefit payable to that individual under the agreement or otherwise; and
g: stating that the individual has 5 working days from the receipt of the notice to show cause why the chief executive should not take the action referred to in paragraph (a) paragraph (e)
4C: Despite subsections (3)(c) to (e) and (6) subsection (4B) subsection (4B)(g) subsection (3)(c) and (d)
a: subsequently received from the other country under the provision; and
b: received for a purpose set out in subsection (4A)(c)
c: matched against information held by the chief executive using the unique identifiers assigned to the individual concerned by the competent institutions of both countries.
2: Section 19D(5) or subsection (4B) Amendment to Customs and Excise Act 1996
8: New
sections 280A 280B Customs and Excise Act 1996 The Customs and Excise Act 1996 section 280
280A: Interpretation
In section 280B authorised officer section 280B department Social Security Act 1964 identifying information social security agreement section 19 Social Welfare (Transitional Provisions) Act 1990 1994 No 166 ss 85B and 85C
280B: Disclosure of arrival and departure information for purposes of mutual assistance provision contained in social security agreement
1: The purpose of this section is to facilitate the exchange of information between the Customs and the department for the purpose of giving assistance to the Government of a country with which New Zealand has a social security agreement that contains a mutual assistance provision of the kind referred to in section 19A(2)(b) Social Welfare (Transitional Provisions) Act 1990
2: For the purpose of this section, the chief executive of the department may supply to the chief executive of Customs—
a: any identifying information supplied to the department by the Government of that country; and
b: any identifying information obtained by the department about a person who has applied for a benefit to which that social security agreement applies.
3: If, in relation to any person, identifying information is supplied in accordance with subsection (2)
4: If the Customs has arrival or departure information relating to a person, the chief executive of the Customs may, for the purpose of this section, supply to an authorised officer any of the following information held by the Customs if that information is of a type specified in an agreement made under section 19C(1)(d) Social Welfare (Transitional Provisions) Act 1990
a: the person's full name:
b: the person's date of birth:
c: the person's sex:
d: the person's passport number:
e: the person's nationality:
f: if the person arrived or, as the case may be, departed by aircraft, the flight number:
g: if the person arrived or, as the case may be, departed by ship, the name of the ship:
h: the date on which the person arrived in, or, as the case may be, departed from, New Zealand.
5: If the chief executive of the Customs has supplied information under subsection (4)
6: If information is supplied to the chief executive of the Customs under subsection (2)
a: may use that information for the purposes set out in subsections (3) and (4)
b: may not supply that information to any other country without the prior written consent of the chief executive of the department, and that supply or consent may be subject to any conditions that the chief executive of the department considers appropriate to impose. Amendment to Privacy Act 1993
9: Privacy Act 1993 Schedule 3 Privacy Act 1993 Customs and Excise Act 1996 Section 280 Sections 280 and 280B Amendment to Social Security Act 1964
10: Interpretation
The definition of Government occupational pension 3(1) Social Security Act 1964 ; but
d: does not include a benefit, pension, or periodical allowance of the kind set out in paragraph (a)