War Pensions Amendment Act 2009

1: Title
This Act is the War Pensions Amendment Act 2009.
2: Commencement
This Act comes into force on a date to be appointed by the Governor-General by Order in Council. Section 2 brought into force 5 January 2010 War Pensions Amendment Act 2009 Commencement Order 2009
3: Principal Act amended
This Act amends the War Pensions Act 1954 OIC SR 2009/357 2010-01-05 War Pensions Act 1954
4: Effect of absence from New Zealand on veteran's pension
Section 74E 74M or section
5: First 26 weeks of certain temporary absences
Section 74F (other than a person who is receiving a veteran's pension overseas under section 74J) a person
6: New sections 74J to 74JB substituted
Section 74J
74J: Payment overseas of veteran's pension
1: This subsection—
a: 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 Welfare (Transitional Provisions) Act 1990, that relates to the veteran's pension; and
b: applies to a person if he or she has left New Zealand at a time when he or she was—
i: intending to reside for a period longer than 26 weeks in a country (or any 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 74N(1)); or
ii: intending to travel for a period longer than 26 weeks, but not intending to reside in any country other than New Zealand.
2: A person to whom subsection (1) subsection (6)
a: 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 longer than 26 weeks in a country (or any 2 or more countries) to which subsection (1)
i: begins to reside in a country that is not a country to which subsection (1)
ii: begins to reside in New Zealand again; or
iii: begins to receive a veteran's pension otherwise than under this section; and
iv: begins to receive New Zealand superannuation under the New Zealand Superannuation and Retirement Income Act 2001; and
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 to which subsection (1)
ii: returns to New Zealand.
3: For the purposes only of subsection (2)(b)(ii)
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 funeral) or to visit a person (for example, a sick or injured family member); and then
ii: resumes his or her overseas travel; and
b: he or she does not while in New Zealand—
i: begin to receive a veteran's pension otherwise than under this section; or
ii: begin to receive New Zealand superannuation under the New Zealand Superannuation and Retirement Income Act 2001.
4: Except to the extent provided by paragraphs (a)(i) and (b)(i) of subsection (2)
5: Subsection (4)
6: The rates referred to in subsection (2)
a: for a single person, a rate that is a proportion (calculated under section 74JA(1)
b: for a person who is married or in a civil union or in a de facto relationship, a rate that is a proportion (calculated under section 74JA(1)
7: If section 74D applies to a person for whom an amount is specified by subsection (6) section 74JA(1)
8: This section is subject to section 74JB
74JA: Calculation of amount of veteran's pension payable overseas
1: The proportion referred to in sections 74J(6) and (7)
a: treating each period during which the person concerned has resided in New Zealand while aged 20 or more and less than 65 as whole calendar months and (where applicable) additional days; and
b: adding the number of additional days (if any), dividing the total by 30, and disregarding any remainder; and
c: adding the number of calendar months and the quotient calculated under paragraph (b)
d: dividing by 540 the total calculated under paragraph (c)
2: In the determination for the purposes of subsection (1)
a: any period of absence from New Zealand of a kind described in section 9(1) of the New Zealand Superannuation and Retirement Income Act 2001; or
b: 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 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 section 10(4) of the New Zealand Superannuation and Retirement Income Act 2001) as a member of, or on behalf of, any religious body, and the person was with his or her spouse or partner; or
c: any period of absence from New Zealand while the person was (by virtue of section 79(1)(a) of the Social Security Act 1964) deemed to have been resident in New Zealand; or
d: 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 of section 79(1)(b) of the Social Security Act 1964) deemed to have been resident in New Zealand.
3: Subsection (2)
4: Subsection (2)(b)
a: in the case of a person to whom subsection (2)(b)(i)
b: in the case of a person to whom subsection (2)(b)(ii)
74JB: Entitlement
A person is not entitled to be paid a veteran's pension under section 74J unless he or she—
a: has made an application for the payment of a veteran's pension under that section stating either (as the case may be)—
i: the country or countries in which he or she intends to reside and the period for which he or she intends to reside there; or
ii: the country or countries to and in which he or she intends to travel; and
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 pension before he or she leaves New Zealand.
7: Relationship with other benefit provisions
1: Section 74M(1) and (2)
2: Section 74M(3) living alone payment, receive any
3: Section 74M(4) 80 80BD
4: Section 74M(5) 75 69G to 69I, 70, 74(1)(a), 75, 76, 77, and 82(7)
8: Social Security Act 1964 consequentially amended
Section 70 subsection (1A) section 9 of the New Zealand Superannuation and Retirement Income Amendment Act 2009
1B: Subsection (1) does not apply to a veteran's pension payable overseas under section 74J OIC SR 2009/357 2010-01-05 Social Security Act 1964
9: Saving
1: This subsection applies to a person who, immediately before the commencement of section 6 section 74J
a: that commencement; and
b: the time he or she ceases to be entitled to be paid a veteran's pension under that section.
2: While subsection (1)
a: the rate at which he or she was entitled to be paid immediately before the commencement of section 6
b: the rate at which he or she became entitled to be paid on that commencement.