Social Assistance (Living Alone Payments) Amendment Act 2013

1: Title
This Act is the Social Assistance (Living Alone Payments) Amendment Act 2013.
2: Commencement
This Act comes into force on the earlier of—
a: a date appointed by the Governor-General by Order in Council:
b: 2 September 2013.
1: Amendments to New Zealand Superannuation and Retirement Income Act 2001
3: Principal Act amended
This Part New Zealand Superannuation and Retirement Income Act 2001 2013-09-02 New Zealand Superannuation and Retirement Income Act 2001 This Act comes into force on the earlier of—a date appointed by the Governor-General by Order in Council: OR 2 September 2013. Amendments to principal Act
4: Interpretation of Part 1 and Schedule 1
Section 4(1) living alone section 4A single living alone rate single sharing accommodation rate .
5: New section 4A inserted
The following section is inserted after section 4
4A: Meaning of living alone
1: A single person ( person A living alone subsections (2) and (3)
2: The first condition is that person A occupies a principal place of residence of a kind described in subsection (6)
3: The second condition is that person A does not share that residence with any person 18 years old or older, except a person to whom subsection (4) or (5)
4: This subsection applies to person A's dependent child—
a: who—
i: is 18 years old (despite the definition of child in section 3(1) of the Social Security Act 1964); and
ii: is not financially independent; and
iii: is attending a school or a tertiary educational establishment; but
b: only until the close of 31 December in the year in which the child turns 18 years old.
5: This subsection applies to a temporary visitor to person A's residence who stays there less than 13 weeks in any period of 26 weeks.
6: The place of residence referred to in subsection (2)
a: a house or flat; or
b: a boat or craft moored within any of the following sea or waters, whether or not it is from time to time travelling within that sea or any of those waters:
i: the territorial sea of New Zealand or any internal waters of New Zealand; or
ii: any waters within New Zealand, being any lake, estuary, lagoon, river, stream, creek, or other waters; or
c: a hotel room, motel unit, a room in a boarding house, or a unit of accommodation in a caravan park.
7: In this section,— boarding house territorial sea of New Zealand internal waters
6: Heading above section 13 and sections 13 and 14 repealed
The heading above section 13 sections 13 14
7: Annual adjustment of New Zealand superannuation: relationship to net average wage
1: Section 16(1)(b) has been granted a living alone payment is living alone
2: Section 16(1)(c) has not been granted a living alone payment is not living alone
8: Living alone rate of payment for spouses or partners of persons in long-term residential care in hospital or rest home
1: The heading to section 18 Living alone rate of payment Single living alone rate
2: Section 18 appropriate rate stated in clause 1(a) of Schedule 1 if the person has been granted a living alone payment under section 13 single living alone rate if the person is living alone
9: Relationship with other benefit provisions
Section 29(2) living alone payment,
10: Effect on other benefits
1: Section 34(a) ; or
2: Section 34(b)
11: Schedule 1 amended
1: Clause 1(a) of Schedule 1 single person who has been granted a living alone payment under section 13 person at the single living alone rate
2: Clause 1(b) of Schedule 1 single person who has not been granted a living alone payment under section 13 person at the single sharing accommodation rate Transitional and savings provisions
12: Transitional provision for living alone payment
1: This section applies to a person who is receiving a living alone payment under section 13
2: On or after the commencement of this Act, the person is entitled to receive the single living alone rate of New Zealand superannuation specified in clause 1(a) of Schedule 1
13: Transitional provision for living alone payment on basis of Social Security Appeal Authority's decision
1: This section applies to a person who is receiving a living alone payment under section 13
2: On or after the commencement of this Act, the person is entitled to receive the single living alone rate of New Zealand superannuation specified in clause 1(a) of Schedule 1 section 13
3: This section overrides section 12
14: References to living alone payment
1: A reference to a living alone payment under the principal Act in any agreement, deed, instrument, application, notice, or other document must, unless the context otherwise requires, be read as a reference to either of the following, as the context requires:
a: the single living alone rate of New Zealand superannuation; or
b: the difference between the single living alone rate and single sharing accommodation rate of New Zealand superannuation.
2: In this section,— living alone section 4A single living alone rate Schedule 1 single sharing accommodation rate Schedule 1
15: Savings provision for person whose spouse or partner dies before commencement of this Act
1: This section applies if—
a: a person's spouse or partner dies before the commencement of this Act; and
b: the person does not apply for a living alone payment under the principal Act before that commencement; and
c: the department receives information about the death of the person's spouse or partner (whether the information is received before or after the commencement of this Act).
2: If the person applies for a living alone payment, the person's entitlement to receive the payment under the principal Act must be determined under that Act (as it read immediately before the commencement of this Act) and, despite sections 6 11(1) sections 13 14 Schedule 1
3: If the person is granted a living alone payment,—
a: the payment—
i: commences on—
A: the date on which it would have commenced under section 14
B: any earlier date determined under section 80AA
ii: continues until the commencement of this Act if, and so long as, there is no change in the person's circumstances affecting the person's entitlement to the living alone payment under section 13
b: on or after the commencement of this Act, the person is entitled to receive the single living alone rate of New Zealand superannuation specified in clause 1(a) of Schedule 1 section 13
4: If the person does not apply for a living alone payment, then on or after the commencement of this Act, the person is entitled to receive the single living alone rate of New Zealand superannuation specified in clause 1(a) of Schedule 1 section 4A Consequential amendments
16: Consequential amendments
1: The Acts listed in the Schedule
2: The amendments to the Income Tax Act 2007 Schedule 2013-09-02 Accident Compensation Act 2001 Income Tax Act 2007 Social Security Act 1964 This Act comes into force on the earlier of—a date appointed by the Governor-General by Order in Council: OR 2 September 2013.
2: Amendments to War Pensions Act 1954
17: Principal Act amended
This Part War Pensions Act 1954 2013-09-02 War Pensions Act 1954 This Act comes into force on the earlier of—a date appointed by the Governor-General by Order in Council: OR 2 September 2013. Amendments to principal Act
18: Interpretation
Section 67(1) living alone section 67A single living alone rate single sharing accommodation rate .
19: New section 67A inserted
The following section is inserted after section 67
67A: Meaning of living alone
1: A single person ( person A living alone subsections (2) and (3)
2: The first condition is that person A occupies a principal place of residence of a kind described in subsection (6)
3: The second condition is that person A does not share that residence with any person 18 years old or older, except a person to whom subsection (4) or (5)
4: This subsection applies to person A's dependent child—
a: who—
i: is 18 years old (despite the definition of child in section 3(1) of the Social Security Act 1964); and
ii: is not financially independent; and
iii: is attending a school or a tertiary educational establishment; but
b: only until the close of 31 December in the year in which the child turns 18 years old.
5: This subsection applies to a temporary visitor to person A's residence who stays there less than 13 weeks in any period of 26 weeks.
6: The place of residence referred to in subsection (2)
a: a house or flat; or
b: a boat or craft moored within any of the following sea or waters, whether or not it is from time to time travelling within that sea or any of those waters:
i: the territorial sea of New Zealand or any internal waters of New Zealand; or
ii: any waters within New Zealand, being any lake, estuary, lagoon, river, stream, creek, or other waters; or
c: a hotel room, motel unit, a room in a boarding house, or a unit of accommodation in a caravan park.
7: In this section,— boarding house territorial sea of New Zealand internal waters
20: Entitlement to veteran's pension for spouses or partners of persons in long-term residential care in hospital or rest home
1: Section 74BA(2)(a) has been granted a living alone payment under section 74U is living alone
2: Section 74BA(2)(b has not been granted a living alone payment under section 74U is not living alone
21: Annual adjustment of rates of veterans' pensions
1: Section 74C(3)(b) has been granted a living alone payment is living alone
2: Section 74C(3)(c) has not been granted a living alone payment is not living alone
22: Relationship with other benefit provisions
Section 74M(3) living alone payment,
23: Effect on other benefits
1: Section 74R(a) is amended by omitting ; or
2: Section 74R(b) is repealed.
24: Sections 74U and 74V repealed
Sections 74U and 74V
25: Schedule 11 amended
1: The heading to Schedule 11 ss 74, 74U s 74
2: Clause 1(a) of Schedule 11 single person who has been granted a living alone payment under section 74U person at the single living alone rate
3: Clause 1(b) of Schedule 11 single person who has not been granted a living alone payment under section 74U person at the single sharing accommodation rate Transitional and savings provisions
26: Transitional provision for living alone payment
1: This section applies to a person who is receiving a living alone payment under section 74U of the principal Act immediately before the commencement of this Act.
2: On or after the commencement of this Act, the person is entitled to receive the single living alone rate of the veteran's pension specified in clause 1(a) of Schedule 11
27: References to living alone payment
1: A reference to a living alone payment under the principal Act in any agreement, deed, instrument, application, notice, or other document must, unless the context otherwise requires, be read as a reference to either of the following, as the context requires:
a: the single living alone rate of a veteran's pension; or
b: the difference between the single living alone rate and single sharing accommodation rate of a veteran's pension.
2: In this section,— living alone section 67A single living alone rate Schedule 11 single sharing accommodation rate Schedule 11
28: Savings provision for person whose spouse or partner dies before commencement of this Act
1: This section applies if—
a: a person's spouse or partner dies before the commencement of this Act; and
b: the person does not apply for a living alone payment under the principal Act before that commencement; and
c: the department receives information about the death of the person's spouse or partner (whether the information is received before or after the commencement of this Act).
2: If the person applies for a living alone payment, the person's entitlement to receive the payment under the principal Act must be determined under that Act (as it read immediately before the commencement of this Act) and, despite sections 24 25(2) 74V Schedule 11
3: If the person is granted a living alone payment,—
a: the payment—
i: commences on—
A: the date on which it would have commenced under section 74V
B: any earlier date determined under section 80AA
ii: continues until the commencement of this Act if, and so long as, there is no change in the person's circumstances affecting the person's entitlement to the living alone payment under section 74U of the principal Act (as it read immediately before the commencement of this Act); and
b: on or after the commencement of this Act, the person is entitled to receive the single living alone rate of the veteran's pension specified in clause 1(a) of Schedule 11
4: If the person does not apply for a living alone payment, then on or after the commencement of this Act, the person is entitled to receive the single living alone rate of the veteran's pension specified in clause 1(a) of Schedule 11 section 67A