New Zealand Superannuation and Retirement Income Act 2001

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19 Hospital rates of New Zealand superannuation

(1)

For the purposes of this section, hospital means a hospital provided by a District Health Board within the meaning of the New Zealand Public Health and Disability Act 2000; and includes a psychiatric security institution within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992.

(2)

This section applies to a person who is married or in a civil union or in a de facto relationship and who has no dependent children, and a single person who receives New Zealand superannuation, or who becomes entitled to receive New Zealand superannuation.

(3)

The rate of New Zealand superannuation payable to a person who is a patient in a hospital for a period of 13 weeks or less is not affected.

(4)

The rate of New Zealand superannuation payable to a person who is a patient in a hospital for more than 13 weeks is, on and after the commencement of the 14th week of hospitalisation, the rate stated in clause 3 of Schedule 1.

(5)

Subsection (4) does not apply to a resident assessed as requiring care (as defined in section 5 of the Residential Care and Disability Support Services Act 2018) who is a patient in a hospital and in respect of whom a funder (as defined in that section) is paying some or all of the cost of contracted care services (as defined in section 11 of that Act) under section 18, 22(2), 26, 54, or 55 of that Act.

(6)

However, the chief executive may, at the chief executive’s discretion,—

(a)

pay to any patient to whom subsection (4) applies a higher rate than the rate stated in clause 3 of Schedule 1 after having regard to the patient’s personal financial circumstances.

(b)
[Repealed]

(7)

If, after 13 weeks’ hospitalisation, the New Zealand superannuation of a person who is married or in a civil union or in a de facto relationship is reduced under subsection (4) or subsection (6)(b), and that person’s spouse or partner is either not in hospital or has been in hospital for less than 13 weeks, any New Zealand superannuation payable to or for the spouse or partner must be increased, on the same date as the effective date of that reduction, by an amount equal to the difference between—

(a)

the maximum rate of New Zealand superannuation payable to a single person; and

(b)

the maximum rate of New Zealand superannuation payable to a person who is married or in a civil union or in a de facto relationship and whose spouse or partner is receiving New Zealand superannuation.

(8)

In any case where the rate of New Zealand superannuation has been reduced in accordance with this section and the superannuitant in hospital is absent from the hospital for not more than 28 days, the rate of New Zealand superannuation payable on return to hospital must be determined as if that absence has not occurred.

(9)

This section does not entitle a single person or a couple who are married or in a civil union or in a de facto relationship to receive a greater amount of New Zealand superannuation, as a result of hospitalisation, than would otherwise have been payable.

(10)

This section applies despite anything to the contrary in the Social Security Act 2018 or in the Residential Care and Disability Support Services Act 2018.

Compare: 1964 No 136 s 75

Section 19(2): amended, on 1 April 2007, by section 4 of the New Zealand Superannuation Amendment Act 2005 (2005 No 17).

Section 19(2): amended, on 26 April 2005, by section 3 of the New Zealand Superannuation Amendment Act 2005 (2005 No 17).

Section 19(5): replaced, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).

Section 19(6)(a): amended, on 10 September 2008, by section 13(2) of the Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 (2008 No 64).

Section 19(6)(a): amended, on 20 September 2007, by section 4(2) of the New Zealand Superannuation and Retirement Income Amendment Act 2007 (2007 No 70).

Section 19(6)(b): repealed, on 10 September 2008, by section 13(3) of the Disability (United Nations Convention on the Rights of Persons with Disabilities) Act 2008 (2008 No 64).

Section 19(7): substituted, on 26 April 2005, by section 3 of the New Zealand Superannuation Amendment Act 2005 (2005 No 17).

Section 19(7): amended, on 20 September 2007, by section 4(3) of the New Zealand Superannuation and Retirement Income Amendment Act 2007 (2007 No 70).

Section 19(7): amended, on 1 April 2007, by section 4 of the New Zealand Superannuation Amendment Act 2005 (2005 No 17).

Section 19(7)(b): amended, on 1 April 2007, by section 4 of the New Zealand Superannuation Amendment Act 2005 (2005 No 17).

Section 19(9): amended, on 1 April 2007, by section 4 of the New Zealand Superannuation Amendment Act 2005 (2005 No 17).

Section 19(9): amended, on 26 April 2005, by section 3 of the New Zealand Superannuation Amendment Act 2005 (2005 No 17).

Section 19(10): replaced, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).