War Pensions Amendment Act 2003

1: Title
1: This Act is the War Pensions Amendment Act 2003.
2: In this Act, the War Pensions Act 1954 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Amendments to principal Act
3: Application of Act
Section 1A of this Act or Part 6
4: Act divided into Parts
Section 3 Part 5 Part 6 Sections 67 to 74W
5: War Pensions Appeal Boards
Section 8 subsection (7)
6: Pensions for members of mercantile marine and their dependants in respect of disablement or death resulting from Second World War
Section 62(2) Parts 5 and 6 Part 5
7: Pensions for members of Emergency Reserve Corps and their dependants in respect of disablement or death attributable to their service
Section 65(2) Parts 4, 5A, and 6 Part 4
8: New
Part 6 The principal Act is amended by inserting, after Part 5
6: Veterans' pensions
67: Interpretation
1: In this Part and in Schedules 11 to 13 Department section 2(1) of the Defence Act 1990 dependent child
a: whose care is primarily the responsibility of that person; and
b: who is being maintained as a member of that person's family; and
c: who is financially dependent on that person; and
d: who is not a child in respect of whom payments are being made under section 363 of the Children, Young Persons, and Their Families Act 1989 employment income
a: includes-
i: subject to paragraph (b) section OB 1 of the Income Tax Act 1994
ii: any benefit of a kind referred to in section CH 2 of the Income Tax Act 1994
iii: in the case of a person who, in the relevant period, has been provided, in respect of any office or position held by the person, with board or lodging, or 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 quarters, the value of those benefits (and the value of the benefits is to be determined, in the case of a dispute, by the Secretary); but
b: does not include any employer superannuation contribution (within the meaning of section OB 1 of the Income Tax Act 1994 income section 3(1) of the Social Security Act 1964 Income Test 3 New Zealand superannuation New Zealand Superannuation Act 2001 ordinarily resident Secretary spouse
2: Unless the context otherwise requires, any word or expression used in this Part or in Schedules 11 to 13 section 2 of this Act section 3(1) of the Social Security Act 1964 1990 No 26 s 2
68: Administration of veterans' pensions
1: This Part is administered in the Department.
2: Nothing in the other Parts of this Act or the War Pensions Regulations 1956
3: In the application of any of the provisions of the Social Welfare (Transitional Provisions) Act 1990 Social Security Act 1964
4: Nothing in subsection (3) section 11B of the Social Security Act 1964
5: If a requirement is made under section 11 of the Social Security Act 1964 section 11B of that Act
a: to the Secretary as if the Secretary were the chief executive of the department; and
b: to every officer or employee of the Department engaged in the administration of veterans' pensions as if they were officials or employees of the department. 1990 No 26 s 2A
69: Delegation of Secretary's powers
1: The Secretary 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
a: sections 70 to 74B
b: any other provision in this Part or the Social Security Act 1964 Social Welfare (Transitional Provisions) Act 1990
2: The provisions of sections 41 and 42 of the State Sector Act 1988 subsection (1) section 41 of that Act 1990 No 26 s 2B Entitlement
70: Entitlement to veteran's pension
1: Subject to this Part and to the Social Security Act 1964
a: in any war or emergency in which New Zealand forces have served, that person either—
i: served as a member of the forces, a member of the Mercantile Marine, or a member of the Emergency Reserve Corps; or
ii: served as a member of the forces or as a member of the Mercantile Marine of any Commonwealth country (other than New Zealand) outside that Commonwealth country, and was ordinarily resident in New Zealand at the commencement of that war or emergency; and
b: that person either-
i: has attained the age at which he or she is entitled to receive New Zealand superannuation if otherwise qualified to receive it and is qualified to receive a pension under Part 2, Part 4, or Part 5
ii: because of any mental or physical infirmity is, in the Secretary's opinion, prevented from undertaking employment and, because of that infirmity, is likely to be prevented from undertaking employment permanently or for a substantial period.
2: If a person is entitled to receive a veteran's pension on account of his or her own service, or would have been entitled to receive it had he or she been alive, the spouse of that person is entitled to receive a veteran's pension in the spouse's own right if the spouse has attained the age at which he or she would be entitled to receive New Zealand superannuation if otherwise qualified to receive it.
3: A person is not entitled to receive a veteran's pension if he or she has at any time been in receipt of New Zealand superannuation unless he or she-
a: is qualified to receive a pension under Part 2, Part 4, or Part 5
b: had elected to receive New Zealand superannuation under section 66M section 4 of the War Pensions Amendment Act 1986
i: before 1 April 1990, sent a written request to the Secretary to forgo national superannuation paid or payable under the Social Security Act 1964
ii: on or after 1 April 1990, sent or sends a written request to the Secretary to forgo New Zealand superannuation and to receive instead a veteran's pension.
4: In subsection (3)
a: New Zealand superannuation paid or payable under the New Zealand Superannuation Act 2001
b: New Zealand superannuation paid or payable under the Social Welfare (Transitional Provisions) Act 1990 New Zealand Superannuation Act 2001
c: national superannuation or guaranteed retirement income paid or payable, before 1 April 1994, under the Social Welfare (Transitional Provisions) Act 1990
d: national superannuation paid or payable, before 1 April 1990, under the Social Security Act 1964 1990 No 26 s 8
70A: Service in connection with any emergency
If any question arises as to whether or not any member of the forces while on service was serving in connection with an emergency for the purposes of this Part, that question must be referred to and be decided by the Minister (as defined in section 2(1)
71: Veteran's ability to earn employment income
1: This section applies to a person who-
a: is in receipt of a veteran's pension; and
b: qualified to receive that pension under either-
i: section 70(1)(b)(ii)
ii: section 8(1)(b)(ii) of the Social Welfare (Transitional Provisions) Act 1990
c: has not attained the age at which he or she would be entitled to receive New Zealand superannuation if otherwise qualified to receive it.
2: A person to whom this section applies will not cease to be entitled to receive a veteran's pension merely because that person, at any time, is no longer prevented from undertaking employment because of a mental or physical infirmity.
3: This section applies despite section 70(1)(b)(ii) section 74D
72: Medical examination of applicant for veteran's pension
1: The Secretary, in his or her discretion, may require any applicant for a veteran's pension or any person in receipt of a veteran's pension to submit himself or herself to a medical practitioner nominated by the Secretary for the purpose of a medical examination.
2: The medical practitioner must certify-
a: whether, in his or her opinion, the applicant or person in receipt of a veteran's pension is prevented from undertaking employment as a result of a mental or physical infirmity; and
b: the estimated duration of that condition.
3: The medical practitioner must state the grounds upon which his or her opinion is founded. 1990 No 26 s 9
73: Commencement of veteran's pension
1: A veteran's pension commences on the later of-
a: the date on which the applicant became entitled to receive it; or
b: the date on which the department received the application for it.
2: Despite subsection (1)
a: the person applied or applies for the veteran's pension after 6 March 1995; and
b: the service qualifying that person for a veteran's pension under section 70(1)(a)
3: Nothing in subsection (2) section 70(3) 1990 No 26 s 10
74: Rates of veterans' pensions
1: The rate of a veteran's pension is the appropriate rate specified in Schedule 11
2: A married person whose spouse is not entitled to receive a veteran's pension may elect to receive the appropriate rate specified in either clause 1 or clause 2 of that schedule
3: However, an election to receive a veteran's pension under clause 2 of Schedule 11
a: that married person's spouse is or was in employment under a contract of service; and
b: the combined income of the married person and his or her spouse, during that employment, is or was enough to prevent receipt of a veteran's pension under clause 2 of that schedule
4: A person who has made an election under subsection (2) 1990 No 26 s 11
74A: Lump sum payments on death
On the death of any person who is ordinarily resident in New Zealand on the date of death and who is in receipt of a veteran's pension on that date, or on the death of the spouse of that person, the appropriate amount specified in Schedule 12 1990 No 26 s 12
74B: Persons formerly receiving certain pensions or allowance entitled to veteran's pension
1: Despite section 70(1)
2: Subclause (1) section 70(3) 1990 No 26 s 13
74C: Annual adjustment of rates of veterans' pensions
1: In this section,- CPI earner levy section 219(1) and (2) of the Injury Prevention, Rehabilitation, and Compensation Act 2001 standard tax section NC 8 of the Income Tax Act 1994
2: Subject to subsection (3) clauses 1 and 2(b) of Schedule 11
3: Every Order in Council made under subsection (2) section 74D
a: a married couple who are both qualified to receive a veteran's pension is not less than 65% or more than 72.5% of the average ordinary time weekly earnings (males and females combined) as determined by the last Quarterly Employment Survey of wages published by Statistics New Zealand before 1 March in each year (after the deduction of standard tax and the earner levy payable on those earnings):
b: a single person who has been granted a living alone payment is 65% of the weekly amount of the veteran's pension (before any abatement under section 74D
c: a single person who has not been granted a living alone payment is 60% of the weekly amount of the veteran's pension (before any abatement under section 74D
4: Every Order in Council made under subsection (2) clause 2(b) of Schedule 11 section 74D clause 1 of that schedule
5: An adjustment under this section must not reduce the weekly amounts payable under this section.
6: Section 61H(3) to (6) of the Social Security Act 1964 subsection (2)
7: Every Order in Council made under subsection (2) 1990 No 26 s 13A
74D: Abatement
1: This section applies to any person in receipt of a veteran's pension who has not attained the age at which he or she would be entitled to receive New Zealand superannuation if otherwise qualified to receive it.
2: Income Test 3 does not apply to any person to whom this section applies.
3: If a person to whom this section applies receives a veteran's pension at a rate specified in clause 1 of Schedule 11
a: 30 cents for every $1 of the employment income derived by the person (before the deduction of income tax) in excess of $80 per week, but not in excess of $180 per week; and
b: 70 cents for every $1 of the employment income derived by the person (before the deduction of income tax) in excess of $180 per week.
4: If a person to whom this section applies receives a veteran's pension at a rate specified in clause 2 of Schedule 11
a: 30 cents for every $1 of the combined income derived by the person and the person's spouse in excess of $80 per week, but not in excess of $180 per week; and
b: 70 cents for every $1 of the combined income derived by the person and the person's spouse in excess of $180 per week. Payment overseas of veterans' pensions
74E: 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 74F to 74M or section 74T section 19 of the Social Welfare (Transitional Provisions) Act 1990 1990 No 26 s 17A(1)
74F: First 26 weeks of certain temporary absences
A veteran's pension that would otherwise be payable to a person is payable in respect of the first 26 weeks of any absence from New Zealand if—
a: the person's absence does not exceed 30 weeks; or
b: the person's absence exceeds 30 weeks and the Secretary is satisfied that the absence beyond 30 weeks is due to circumstances beyond that person's control that he or she could not reasonably have foreseen before departure. 1990 No 26 s 17A(2)
74G: Absences up to 2 years for medical treatment
The Secretary may, in the Secretary'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 spouse, dependent child, or sibling is receiving medical treatment overseas for which the Ministry of Health is granting assistance. 1990 No 26 s 17A(3)
74H: Absences up to 52 weeks with aid agencies
1: The Secretary may pay a veteran's pension to any person who-
a: is otherwise entitled to receive it; and
b: is absent from New Zealand for a period not exceeding 52 weeks; and
c: is engaged, while absent from New Zealand, in fulltime voluntary and unpaid humanitarian work for a recognised aid agency that-
i: has, as its principal function, the giving of aid and assistance to less advantaged communities in 1 or more other countries; and
ii: has not deprived another person of paid employment to engage the person to do that work on an unpaid basis.
2: The chief executive of the Ministry of Foreign Affairs and Trade must determine any question that arises as to whether an aid agency fulfils the qualifications set out in subsection (1) 1990 No 26 s 17A(3A), (3B)
74I: Date absence commences
If a person who is absent from New Zealand would have become entitled to a veteran's pension during his or her absence but for section 74E 1990 No 26 s 17A(4)
74J: Payment overseas of veteran's pension
1: A person who is entitled to receive a veteran's pension and who leaves New Zealand to reside in a country with which New Zealand has no agreement relating to the portability of veterans' pensions is entitled, while residing in that country, to be paid 50% of the gross rate of veteran's pension (excluding any living alone payment) that he or she would be entitled to receive if he or she resided in New Zealand.
2: However, if a married person whose spouse is not entitled to receive a veteran's pension has made, or is entitled to make, an election under section 74(2) clause 1(c) of Schedule 11
3: The amount of the gross rate must, before the 50% calculation is made, be abated under section 74D
4: A person is not entitled to receive payment overseas under this section unless,-
a: on the date of application for the payment, he or she is ordinarily resident and present in New Zealand and is, on that date, entitled to receive a veteran's pension or will be so entitled before leaving New Zealand; and
b: the applicant intends to reside for more than 26 weeks in the overseas country to which the application relates, being a country with which New Zealand has no agreement relating to the portability of veterans' pensions.
5: Subsection (1) sections 74(a) and 77 of the Social Security Act 1964 sections 74K to 74S 1990 No 26 s 17(1), (2)
74K: Applications after leaving New Zealand
1: This section applies if a person did not make an application for payment under section 74J
2: The Secretary may accept an application for payment in accordance with section 74J
3: If the Secretary has accepted an application under subsection (2) sections 74F to 74I 1990 No 26 s 17(3), (5)
74L: Date of commencement of payment overseas
1: The date of commencement of payment overseas of a veteran's pension under section 74J
2: However, in the case of an application under section 74K 1990 No 26 s 17(4)
74M: Relationship with other benefit provisions
1: If a veteran's pension is payable overseas in accordance with section 74J section 70 of the Social Security Act 1964
2: The amount of the reduced gross rate must, before the 50% calculation is made, be abated under section 74D
3: A person who is receiving a veteran's pension overseas under section 74J Social Security Act 1964 section 124(1)(d) of that Act
4: Despite the provisions of section 80 of the Social Security Act 1964 section 74J
5: Except as otherwise provided in this section, the provisions of the Social Security Act 1964 sections 75, 75A, and 76 section 74J 1990 No 26 s 17(6)-(9)
74N: Specified Pacific country
1: In sections 74O to 74S
a: that is listed in Schedule 13
b: that is not a country with which New Zealand has a reciprocal agreement in force under section 19 of the Social Welfare (Transitional Provisions) Act 1990
2: The Governor-General may, by Order in Council, amend Schedule 13
a: adding the name of any Pacific country or territory; or
b: omitting the former name of a country or territory and substituting its new name.
3: 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.
4: The Order in Council applies to payments of the veteran's pension under section 74O
5: Section 61H(3) to (6) of the Social Security Act 1964 subsection (2)(a) 1990 No 26 s 17B
74O: Entitlement to be paid veteran's pension in specified Pacific country
1: A person entitled to receive a veteran's pension is entitled to be paid the benefit in a specified Pacific country at a rate calculated under section 74P subsection (2) or subsection (3)
2: 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 of his or her application to be paid a veteran's pension in a specified Pacific country; and
c: 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 before 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.
3: This subsection applies to a person-
a: who was, immediately before this section came into force, being paid a veteran's pension while resident in a specified Pacific country under section 17BA of the Social Welfare (Transitional Provisions) Act 1990
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. 1990 No 26 s 17BA
74P: Rates of payment of veteran's pension payable to people resident in specified Pacific countries
1: The rate of veteran's pension payable under section 74O
a: in the case of a person who has resided in New Zealand for 20 or more years since turning 20 years, the base rate:
b: in the case of a person who has resided in New Zealand for 10 or more years but fewer than 20 years since turning 20 years, an amount calculated using the following formula: a × b 20 where—
a: is the base rate
b: is the whole number of years the person has resided in New Zealand since turning 20 years:
c: in the case of a person who is resident in a specified Pacific country and was, immediately before this section came into force, being paid a veteran's pension under section 17BA of the Social Welfare (Transitional Provisions) Act 1990
i: the amount he or she was being paid immediately before that date (subject to abatement under section 74D
ii: the appropriate amount payable under paragraph (a) or paragraph (b)
2: For the purposes of this section, the base rate is,-
a: in the case of a single person, the amount stated in clause (1)(b) of Schedule 11 section 74D
b: in the case of a married person, the amount stated in clause (1)(c) of that schedule section 74D
3: However, if section 70 of the Social Security Act 1964 1990 No 26 s 17C
74Q: Commencement and termination of payments
1: The commencement date of payment of a benefit paid under section 74O
a: in the case of a person to whom section 74O(2)
b: in the case of a person to whom section 74O(3)
2: When a person being paid a benefit under section 74O 1990 No 26 s 17D
74R: Effect on other benefits
A person being paid a benefit under section 74O
a: any supplementary or special benefit, lump sum payment, payment under a welfare programme approved under section 124(1)(d) of the Social Security Act 1964
b: a living alone payment under section 74U 1990 No 26 s 17E
74S: Application of this Act and
Social Security Act 1964
1: Sections 74E to 74M section 74O
2: The Social Security Act 1964 sections 74(a), 75, 75A, 76, 77, and 80 section 74O 1990 No 26 s 17F
74T: Certain former economic pensioners may be paid up to the full rate of veteran's pension overseas
Despite sections 74(a) and 77 of the Social Security Act 1964 sections 74J to 74M of this Act 1990 No 26 s 18
74U: Living alone payments
1: Any unmarried person who receives a veteran's pension and who is living alone in his or her principal place of residence is entitled to receive a living alone payment.
2: The living alone payment is included in the appropriate rate specified in clause 1(a) of Schedule 11
3: A person is considered to be living alone only if he or she-
a: occupies a principal place of residence that is referred to in subsection (4)
b: does not share that residence or household expenses (including accommodation expenses) with any person of, or over the age of, 18 years, other than-
i: a dependent child of or over that age; or
ii: a temporary visitor who stays less than 13 weeks in any period of 26 weeks.
4: The principal places of residence are-
a: a house or flat; or
b: a boat or craft moored within-
i: the territorial sea of New Zealand or any internal waters of New Zealand, whether or not it is from time to time travelling within that sea or any of those waters; or
ii: any waters within New Zealand, being any lake, estuary, lagoon, river, stream, creek, or other waters, whether or not it is from time to time travelling within any of those waters; or
c: a hotel room, motel unit, room in a licensed boarding-house, or unit of accommodation in a caravan park.
5: In this section, 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 1990 No 26 s 18A
74V: Commencement of living alone payments
1: Every living alone payment commences on the later of-
a: the date on which the applicant becomes entitled to receive it; or
b: the date on which the application is received.
2: However, if an application for a living alone payment is made as a result of the death of the spouse of the applicant, the living alone payment commences on-
a: the date on which the applicant becomes entitled to receive it if the application is received within 28 days after the date of entitlement; or
b: the date on which the application is received if it is received 28 days or more after the date of entitlement. 1990 No 26 s 18B
74W: Transitional provision for existing veteran's pension entitlements
Every person who, immediately before the commencement of this Part, was entitled to receive a veteran's pension, with or without a living alone payment, under the Social Welfare (Transitional Provisions) Act 1990
9: Rates of pensions and allowances may be increased by Order in Council
1: The heading to section 75C pensions , lump sum payments,
2: Section 75C(1) paragraph (a)
ab: clause 2(a) of Schedule 11 Schedule 12
3: Section 75C(2) apply to pensions , lump sum payments,
4: Section 75C subsection (2)
2A: The Order in Council must, for lump sum payments on death, state that it applies in respect of persons who die on or after the date that is specified in the Order in Council.
10: Death of claimant for pension
Section 83 sections 74 and 85 section 85
11: New Schedules 11 to 13 inserted
The principal Act is amended by adding Schedules 11 to 13 Schedule 1
2: Miscellaneous provisions
12: Consequential amendments
1: The Acts set out in Schedule 2
2: The regulations specified in Schedule 3
13: Consequential repeals
The Acts specified in Schedule 4