New Zealand Superannuation and Retirement Income Act 2001

31 Entitlement to be paid New Zealand superannuation in specified Pacific country

(1)

A person entitled to receive New Zealand superannuation is entitled to be paid the benefit in a specified Pacific country at a rate calculated under section 32 if subsection (2) or subsection (3) or subsection (4) applies to the person.

(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 New Zealand superannuation in a specified Pacific country; and

(c)

who—

(i)

is entitled to receive New Zealand superannuation on the date of the application; or

(ii)

will be entitled to receive New Zealand superannuation before leaving New Zealand; and

(d)

who is resident in a specified Pacific country when each payment of New Zealand superannuation is due to be made to him or her.

(3)

This subsection applies to a person—

(a)

who—

(i)

was being paid New Zealand superannuation while resident in a specified Pacific country immediately before 1 October 1999 under section 17 of the Social Welfare (Transitional Provisions) Act 1990; or

(ii)

was being paid New Zealand superannuation while resident in the Cook Islands, Niue, or Tokelau immediately before 1 October 1999 under section 17B of the Social Welfare (Transitional Provisions) Act 1990 as it was immediately before that date; and

(b)

who is resident in a specified Pacific country when each payment of New Zealand superannuation is due to be made to him or her.

(4)

This subsection applies to a person—

(a)

who, on or after the date this subsection comes into force, makes an application to be paid New Zealand superannuation in a specified Pacific country; and

(b)

who is resident in the Cook Islands, Niue, or Tokelau on the date of the application; and

(c)

who has met the residential qualifications for New Zealand superannuation set out in section 8(b) and (c); and

(d)

who is resident in a specified Pacific country when each payment of New Zealand superannuation is due to be paid to him or her.

(5)

If subsection (4) applies, an application to be paid New Zealand superannuation in a specified Pacific country must be made in addition to an application to be paid New Zealand superannuation under section 297 (and regulations made under section 438) of the Social Security Act 2018.

(6)

The applications referred to in subsection (5) may be made together or separately, and may be made—

(a)

before an applicant meets the age qualification for New Zealand superannuation in section 7, in anticipation of becoming entitled to be paid that benefit on reaching the qualifying age; or

(b)

when or after the applicant meets the age qualification.

Compare: 1990 No 26 s 17BA

Section 31(1): amended, on 1 July 2015, by section 6(1) of the Social Assistance (Portability to Cook Islands, Niue, and Tokelau) Act 2015 (2015 No 61).

Section 31(4): inserted, on 1 July 2015, by section 6(2) of the Social Assistance (Portability to Cook Islands, Niue, and Tokelau) Act 2015 (2015 No 61).

Section 31(4)(c): amended, on 21 January 2019, by section 6 of the Social Assistance (Residency Qualification) Legislation Act 2018 (2018 No 45).

Section 31(5): inserted, on 1 July 2015, by section 6(2) of the Social Assistance (Portability to Cook Islands, Niue, and Tokelau) Act 2015 (2015 No 61).

Section 31(5): amended, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).

Section 31(6): inserted, on 1 July 2015, by section 6(2) of the Social Assistance (Portability to Cook Islands, Niue, and Tokelau) Act 2015 (2015 No 61).