War Pensions Amendment Act 2001

  • repealed
  • War Pensions Amendment Act 2001: repealed, on 7 December 2014, pursuant to section 276 of the Veterans’ Support Act 2014 (2014 No 56).

Reprint
as at 7 December 2014

War Pensions Amendment Act 2001

Public Act2001 No 97
Date of assent14 December 2001
  • War Pensions Amendment Act 2001: repealed, on 7 December 2014, pursuant to section 276 of the Veterans’ Support Act 2014 (2014 No 56).


Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this eprint. See the notes at the end of this eprint for further details.

This Act is administered by the New Zealand Defence Force.


Contents

1 Title

2 Commencement

3 Interpretation

4 Appeals to Social Security Appeal Authority

5 General provisions as to grounds for payment of pensions

6 Amendment to heading before section 32

7 Maximum rates of surviving spouses' pensions

8 Rate of pension for surviving spouse who is a bona fide resident of New Zealand

9 New sections 34 to 35A substituted

10 Child not entitled to pension in certain cases

11 Increased pensions for children in certain cases

12 Children whose parents are not married

13 Duration of pensions for children

14 New section 44 substituted

15 Pensions to unmarried females to cease on marriage

16 Economic position of dependant to be considered in determining rate of pension

17 Increased pensions to wife and children of member in receipt of economic pension

18 Pension to surviving spouse or child of deceased member whose death not attributable to service

19 Pension for guardians of motherless children

20 Pensions for other persons

21 Service as member of other Commonwealth forces

22 Pensions for members of mercantile marine and their dependants in respect of disablement or death resulting from Second World War

23 Service as member of other Commonwealth mercantile marine

24 Pensions for members of Emergency Reserve Corps and their dependants in respect of disablement or death attributable to their service

25 Wives and children of Maoris

26 Conjugal status for purposes of pension or allowance

27 Sick benefits received from friendly society

28 Rates of pension where overseas pension payable

29 Disposition of accrued pension unpaid at death

30 Refusal or reduction of pension in certain cases

31 Pensions and allowances absolutely inalienable

32 Money payable out of Crown Bank Account

33 Repeals and savings

34 Amendments to Schedule 4

Amendments to War Pensions Regulations 1956

35 New regulation 23 substituted

36 New regulation 25 substituted


The Parliament of New Zealand enacts as follows:

1 Title
  • (1) This Act is the War Pensions Amendment Act 2001.

    (2) In this Act, the War Pensions Act 1954 is called the principal Act.

2 Commencement
  • This Act comes into force on the day after the date on which it receives the Royal assent.

3 Interpretation
  • (1) Section 2(1) of the principal Act is amended by repealing the definitions of dependant and member of the family, and substituting the following definitions in their appropriate alphabetical order:

    dependant, in relation to a member of the defence force, means—

    • (a) any person who is wholly or primarily dependent on the member for financial support and who ordinarily resides with the member and who—

      • (i) is related to the member or is within any class of persons specified as dependent persons in guidelines issued by the Secretary; and

      • (ii) is within any class of persons specified as financially dependent persons in guidelines issued by the Secretary:

    • (b) any person who is under the care of that member as a consequence of that person's inability to live independently of the member for reasons of—

      • (i) disability; or

      • (ii) illness; or

      • (iii) advanced age

    member of the family, in relation to a family that includes a member of the forces, means—

    • (a) any person who is related to the member:

    • (b) any person who belongs to the same whanau or other culturally recognised family group:

    • (c) any person within a class of persons specified as members of a family in guidelines issued by the Secretary.

    (2) Section 2(1) of the principal Act is amended by inserting, in their appropriate alphabetical order, the following definitions:

    member of the forces means a member of the defence force

    partner, in relation to a member of the forces, means a person with whom the member is in a relationship

    relationship means a relationship between a member of the forces and another person of the same or different sex who live together and are not married to one another and that is within a class of relationships specified as recognised relationships in guidelines issued by the Secretary

    spouse, in relation to a member of the forces who is married, means the person to whom the member is married.

4 Appeals to Social Security Appeal Authority
  • Section 16A(1)(b) of the principal Act is amended by omitting the expression 76 to, and substituting the expression 78 and.

5 General provisions as to grounds for payment of pensions
  • Section 19(3) of the principal Act is amended by omitting the word wife in both places where it appears, and substituting in each case the words spouse or partner.

6 Amendment to heading before section 32
  • The heading before section 32 of the principal Act is amended by inserting, after the words surviving spouses, the words or surviving partners.

7 Maximum rates of surviving spouses' pensions
  • (1) The heading to section 32 of the principal Act is amended by inserting, after the words surviving spouses, the words and surviving partners.

    (2) Section 32(1) and (2) of the principal Act is amended by inserting, after the words surviving spouse in each place where they appear, the words or surviving partner.

8 Rate of pension for surviving spouse who is a bona fide resident of New Zealand
  • (1) The heading to section 33 of the principal Act is amended by inserting, after the words surviving spouse, the words or surviving partner.

    (2) Section 33 of the principal Act is amended by inserting, after the words surviving spouse, the words or surviving partner.

9 New sections 34 to 35A substituted
  • The principal Act is amended by repealing sections 34 to 35A, and substituting the following sections:

    34 Surviving spouse or surviving partner not entitled to pension in certain cases
    • Despite anything to the contrary in this Act, the surviving spouse or surviving partner of a member of the forces is not entitled to a pension in respect of the member's death if—

      • (a) the death of the member occurred within 1 year after the marriage or, as the case may require, the date of commencement of the relationship; and

      • (b) at the date of the marriage or, as the case may require, the date of commencement of the relationship, the member had not, in the opinion of the Secretary, a reasonable expectation of surviving for at least 1 year.

    35 Pensions to surviving spouses or surviving partners to cease on remarriage or commencement of new relationship
    • (1) A pension payable to the surviving spouse or surviving partner of a member of the forces must cease on his or her remarriage or, as the case may require, on the commencement of a new relationship by him or her.

      (2) Despite anything to the contrary in subsection (1), on the remarriage of a surviving spouse or surviving partner or, as the case may require, on the commencement of a new relationship by him or her, while in receipt of a pension under this Part, the Secretary may, in the Secretary's discretion,—

      • (a) continue the pension at any rate, not exceeding the maximum rate of pension payable to a surviving spouse or surviving partner, and for any period, not exceeding 2 years, that the Secretary thinks fit:

      • (b) review, at any time, a pension continued under paragraph (a).

      (3) In any case to which subsection (2) applies, the Secretary may, in the Secretary's discretion, instead of continuing the pension, pay to the surviving spouse or, as the case may require, the surviving partner, a lump sum gratuity not exceeding 2 years' pension.

      (4) For the purposes of this Act and any other enactment, a pension payable to a person under subsection (2) is deemed to be a pension payable to the surviving spouse or, as the case may require, the surviving partner, of a member of the forces.

      (5) For the purposes of this section, a new relationship includes a relationship that the Secretary regards as a relationship under section 2(1).

    35A Reinstatement of surviving spouse's or surviving partner's pension
    • (1) Despite anything in section 35, if a pension payable to the surviving spouse or the surviving partner of a member of the forces has ceased under that section because of remarriage or the commencement of a new relationship, and that remarriage or new relationship has subsequently terminated or irreconcilably broken down within 5 years after the date of remarriage or the commencement of the new relationship, the Secretary may, in the Secretary's discretion, reinstate the pension previously payable.

      (2) The rate of any pension reinstated under subsection (1) is the appropriate rate specified in the Fourth Schedule of this Act as if the pension had been granted under section 32.

10 Child not entitled to pension in certain cases
  • Section 37 of the principal Act is amended—

    • (a) by omitting the word mother, and substituting the word parent; and

    • (b) by omitting the word widow, and substituting the words surviving spouse or surviving partner; and

    • (c) omitting the word his, and substituting the words the member's.

11 Increased pensions for children in certain cases
  • Section 40(b) of the principal Act is amended by omitting the word mother, and substituting the word parent.

12 Children whose parents are not married
13 Duration of pensions for children
  • Section 43 of the principal Act is amended by repealing subsection (3).

14 New section 44 substituted
  • The principal Act is amended by repealing section 44, and substituting the following section:

    44 Maximum rates of pensions for dependants other than spouses, partners, and children
    • The rates of pension payable to any dependant of a disabled or deceased member of the forces (other than his or her spouse, partner, or child) must not exceed the maximum rate of pension prescribed for the spouse or partner, as the case may be, of a member of the same rank or rating.

15 Pensions to unmarried females to cease on marriage
16 Economic position of dependant to be considered in determining rate of pension
  • Section 46(1) of the principal Act is amended by omitting the words wife or widow, and substituting the words spouse or partner, or surviving spouse or surviving partner,.

17 Increased pensions to wife and children of member in receipt of economic pension
  • (1) The heading to section 47 of the principal Act is amended by omitting the word wife, and substituting the words spouse or partner.

    (2) Section 47 of the principal Act is amended by omitting the word wife, and substituting the words spouse or partner.

18 Pension to surviving spouse or child of deceased member whose death not attributable to service
  • (1) The heading to section 48 of the principal Act is amended by inserting, after the words surviving spouse, the words , surviving partner,.

    (2) Section 48 of the principal Act is amended by inserting, after the words surviving spouse, the words , surviving partner,.

19 Pension for guardians of motherless children
  • (1) The heading to section 51 of the principal Act is amended by omitting the word motherless, and substituting the word parentless.

    (2) Section 51 of the principal Act is amended—

    • (a) by omitting from subsection (1) the word woman, and substituting the word person; and

    • (b) by omitting from subsection (1) the word she, and substituting the words he or she; and

    • (c) by omitting from subsection (2) the word wife, and substituting the words spouse or partner.

20 Pensions for other persons
  • Section 52(2) of the principal Act is amended by omitting the words wife or widow, and substituting the words spouse or partner, or surviving spouse or surviving partner.

21 Service as member of other Commonwealth forces
  • Section 56(5) of the principal Act is amended by omitting the word widow, and substituting the words surviving spouse, surviving partner,.

22 Pensions for members of mercantile marine and their dependants in respect of disablement or death resulting from Second World War
  • Section 62(3) of the principal Act is amended by omitting the word wife in both places where it appears, and substituting in each case the words spouse or partner.

23 Service as member of other Commonwealth mercantile marine
  • Section 63(5) of the principal Act is amended by omitting the word wife in both places where it appears, and substituting in each case the words spouse or partner.

24 Pensions for members of Emergency Reserve Corps and their dependants in respect of disablement or death attributable to their service
  • Section 65(3) of the principal Act is amended by omitting the word wife in both places where it appears, and substituting in each case the words spouse or partner.

25 Wives and children of Maoris
26 Conjugal status for purposes of pension or allowance
27 Sick benefits received from friendly society
  • Section 78A(1) of the principal Act is amended by omitting the words husband or the wife, and substituting the words spouse or the partner.

28 Rates of pension where overseas pension payable
  • Section 81(2) of the principal Act is amended by omitting the words wife or husband, and substituting the words spouse or partner.

29 Disposition of accrued pension unpaid at death
  • Section 85(2)(a) of the principal Act is amended—

    • (a) by omitting the words widow or widower, and substituting the words surviving spouse or surviving partner; and

    • (b) by omitting the word widow in both places where it appears, and substituting in each case the words surviving spouse or surviving partner.

30 Refusal or reduction of pension in certain cases
  • Section 87A of the principal Act is amended by omitting the words husband or wife in both places where they appear, and substituting in each case the words spouse or partner.

31 Pensions and allowances absolutely inalienable
  • Section 89(1) of the principal Act is amended by omitting the words his wife, and substituting the words the persons spouse or partner.

32 Money payable out of Crown Bank Account
  • Section 94(2)(b) of the principal Act is amended by omitting the words husband or wife, and substituting the words spouse or partner.

33 Repeals and savings
  • Section 97 of the principal Act is amended by adding the following subsections:

    • (5) The amendments made to the principal Act by the War Pensions Amendment Act 2001 do not confer any entitlement on any person in respect of any period before the commencement of the War Pensions Amendment Act 2001.

    • (6) The amendments made to the principal Act by the War Pensions Amendment Act 2001 do not prevent any department from continuing to describe the pension known, before the commencement of the War Pensions Amendment Act 2001, as the surviving spouses pension by that name after the commencement of that Act—

      • (a) in official forms, computer programs, and other documents; or

      • (b) for the purposes of assessment of eligibility and payment; or

      • (c) for any other official purpose.

34 Amendments to Schedule 4
  • Schedule 4 of the principal Act is amended by—

    • (a) inserting in the heading to that schedule, after the words surviving spouses, the words or surviving partners; and

    • (b) inserting in items 1, 2, 4, and 6, after the words surviving spouse in each place where they appear, the words or surviving partner.

Amendments to War Pensions Regulations 1956

35 New regulation 23 substituted
  • The War Pensions Regulations 1956 (SR 1956/7) are amended by revoking regulation 23, and substituting the following regulation:

    23 Pension determinable on remarriage or commencement of new relationship
    • (1) If any pension payable to a person is determinable on his or her remarriage or on the commencement by him or her of a new relationship, the Secretary may, at any time before payment of any instalment of the pension, require him or her to make a declaration,—

      • (a) in the case of a surviving spouse or surviving partner, that he or she has not remarried or commenced a new relationship:

      • (b) in the case of any other person, that he or she is not married or in a relationship.

      (2) If a pension is payable to any person on account of, or in respect of, any child, the Secretary may, at any time before payment of any instalment of the pension, require the person claiming payment of the pension to make a declaration to the effect that the child is still alive and is being maintained by the claimant.

36 New regulation 25 substituted
  • The War Pensions Regulations 1956 are amended by revoking regulation 25, and substituting the following regulation:

    25 Conditions for economic pension
    • (1) Before granting or renewing an economic pension, or at any time during the currency of an economic pension, the Secretary may require the claimant or pensioner to register for suitable employment with an employment bureau or other agency nominated by the Secretary.

      (2) Subclause (1) does not apply to a claimant or pensioner who is the sole surviving parent of a deceased member of the forces or the surviving spouse or surviving partner of a deceased member having the care and control of a child to, or in respect of, whom a pension is payable.


Eprint notes
1 General
  • This is an eprint of the War Pensions Amendment Act 2001 that incorporates all the amendments to that Act as at the date of the last amendment to it.

2 About this eprint
  • This eprint is not an official version of the legislation under section 18 of the Legislation Act 2012.

3 Amendments incorporated in this eprint
  • Veterans’ Support Act 2014 (2014 No 56): section 276