New Zealand Superannuation and Retirement Income Act 2001

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26 Payment overseas of New Zealand superannuation

(1)

This subsection—

(a)

applies to a country if it is not a country with whose government New Zealand has a reciprocity agreement in force under section 380 of the Social Security Act 2018, that relates to New Zealand superannuation; 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 30(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) applies is entitled to be paid New Zealand superannuation at the appropriate rate specified in 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) applies, but not intending to reside for a period longer than 52 weeks in a specified Pacific country (within the meaning of section 30(1)), until he or she—

(i)

begins to reside in a country that is not a country to which subsection (1) applies; or

(ii)

begins to reside in New Zealand again; or

(iii)

begins to receive New Zealand superannuation otherwise than under this section; 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) applies; or

(ii)

returns to New Zealand.

(3)

For the purposes only of subsection (2)(b)(ii), a person does not return to New Zealand if—

(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 begin to receive New Zealand superannuation otherwise than under this section.

(4)

Except to the extent provided by paragraphs (a)(i) and (b)(i) of subsection (2), a person does not cease to be entitled to be paid New Zealand superannuation under that subsection by reason only of changing his or her intentions after leaving New Zealand.

(5)

Subsection (4) is for the avoidance of doubt.

(6)

The rates referred to in subsection (2) are,—

(a)

for a single person, a rate that is a proportion (calculated under section 26A(1)) of the amount stated in clause 1(b) of Schedule 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 26A(1)) of the amount stated in clause 1(c) of that schedule.

(7)

This section is subject to section 26B.

Section 26: substituted, on 5 January 2010, by section 6 of the New Zealand Superannuation and Retirement Income Amendment Act 2009 (2009 No 40).

Section 26(1)(a): amended, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).