Social Welfare (Transitional Provisions) Amendment Act 2013

  • repealed
  • Social Welfare (Transitional Provisions) Amendment Act 2013: repealed, on 26 November 2018, pursuant to section 456(1) of the Social Security Act 2018 (2018 No 32).

Reprint as at 26 November 2018

Coat of Arms of New Zealand

Social Welfare (Transitional Provisions) Amendment Act 2013

Public Act
 
2013 No 132
Date of assent
 
4 December 2013
Commencement
 
see section 2

Social Welfare (Transitional Provisions) Amendment Act 2013: repealed, on 26 November 2018, pursuant to section 456(1) of the Social Security Act 2018 (2018 No 32).

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Social Development.

The Parliament of New Zealand enacts as follows:

 
1 Title

This Act is the Social Welfare (Transitional Provisions) Amendment Act 2013.

2 Commencement

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

3 Principal Act

This Act amends the Social Welfare (Transitional Provisions) Act 1990 (the principal Act).

Principal Act renamed: amendments to principal Act

4 Name of principal Act changed

(1)

After the commencement of this Act,—

(a)

the principal Act is called the Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990; and

(b)

every reference to the principal Act in any enactment, or in any document, in force on that commencement must, unless the context otherwise requires, be read as a reference to the Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990.

(2)

Subsection (1)(b)—

(a)

does not apply to a reference to a principal Act provision that was repealed before that commencement; and

(b)

is subject to the other provisions of this Act.

5 Title repealed

Repeal the Title.

6 Section 1 amended (Short Title and commencement)

(1)

In the heading to section 1, delete Short.

(2)

In section 1(1),—

(a)

replace “may be cited as” with “is”; and

(b)

replace “Transitional Provisions” with “Reciprocity Agreements, and New Zealand Artificial Limb Service”.

7 Part 1 heading amended

In the Part 1 heading, replace Monetary benefits with Reciprocity agreements with other countries.

8 Cross-heading above section 19 repealed

Repeal the cross-heading above section 19.

Principal Act renamed: consequential amendments to other enactments

9 Child Support Act 1991 amended consequentially

(1)

This section amends the Child Support Act 1991.

(2)

In the following provisions, replace “(Transitional Provisions)” with “(Reciprocity Agreements, and New Zealand Artificial Limb Service)”:

10 Child Support Amendment Act 2013 amended consequentially

(1)

This section amends the Child Support Amendment Act 2013.

(2)

In section 38, new section 129(4)(c), replace “(Transitional Provisions)” with “(Reciprocity Agreements, and New Zealand Artificial Limb Service)”.

11 Customs and Excise Act 1996 amended consequentially

(1)

This section amends the Customs and Excise Act 1996.

(2)

In the following provisions, replace “(Transitional Provisions)” with “(Reciprocity Agreements, and New Zealand Artificial Limb Service)”:

(a)

section 280A, definition of social security agreement:

(b)
12 Income Tax Act 2007 amended consequentially

(1)

This section amends the Income Tax Act 2007.

(2)

In the following provisions, replace “(Transitional Provisions)” with “(Reciprocity Agreements, and New Zealand Artificial Limb Service)”:

(b)

section YA 1, definition of portable New Zealand superannuation, paragraph (c):

(c)

section YA 1, definition of portable veteran’s pension, paragraph (c).

(3)

In section YA 1, definition of living alone payment, repeal paragraph (b).

13 New Zealand Superannuation and Retirement Income Act 2001 amended consequentially

(2)

In the following provisions, replace “(Transitional Provisions)” with “(Reciprocity Agreements, and New Zealand Artificial Limb Service)”:

(a)

section 5(1), definition of New Zealand superannuation, paragraph (b):

(b)

section 19(10):

14 Public Bodies Contracts Act 1959 amended consequentially

(1)

This section amends the Public Bodies Contracts Act 1959.

(2)

In Schedule 1, Part 2, item relating to the New Zealand Artificial Limb Board, replace “(Transitional Provisions)” with “(Reciprocity Agreements, and New Zealand Artificial Limb Service)”.

15 Social Security Act 1964 amended consequentially

(1)

This section amends the Social Security Act 1964.

(2)

In section 3(1), definition of benefit, paragraph (a), before “; and”, insert “(including, without limitation, any such benefit payable under this Act by virtue of an agreement or convention given effect in relation to New Zealand by an order under section 19 of the Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990)”.

(3)

In section 3(1), definition of benefit, paragraph (b)(i), after “1954”, insert “(including, without limitation, any New Zealand superannuation, or veteran’s pension, payable under that Act by virtue of an agreement or convention given effect in relation to New Zealand by an order under section 19 of the Social Welfare (Reciprocity Agreements, and New Zealand Artificial Limb Service) Act 1990)”.

(4)

In the following provisions, replace “(Transitional Provisions)” with “(Reciprocity Agreements, and New Zealand Artificial Limb Service)” in each place:

(i)

Schedule 32, clause 13(a).

(5)

In the following provisions, delete “or the Social Welfare (Transitional Provisions) Act 1990”:

(a)

section 3(1), definition of income, paragraph (f)(i):

(c)

section 69FA(1), definition of income, paragraph (a)(i):

(d)

section 70(3)(a) and (b) and (4):

(6)

In the following provisions, delete “the Social Welfare (Transitional Provisions) Act 1990 or”:

(b)

section 64(1) and (2A):

(7)

In section 12J(1)(c), delete “Part 1 of the Social Welfare (Transitional Provisions) Act 1990 or”.

(9)

In the following provisions, delete “or under the Social Welfare (Transitional Provisions) Act 1990” in each place:

(a)

section 69G(1), (2), and (3):

(b)

(10)

In Schedule 22, clause 2, delete “under Part 1 of the Social Welfare (Transitional Provisions) Act 1990”.

16 Tax Administration Act 1994 amended consequentially

(1)

This section amends the Tax Administration Act 1994.

(2)

In the following provisions, replace “(Transitional Provisions)” with “(Reciprocity Agreements, and New Zealand Artificial Limb Service)”:

(b)

section 85B(7), definition of social security agreement, paragraph (a).

17 War Pensions Act 1954 amended consequentially

(1)

This section amends the War Pensions Act 1954.

(2)

In the following provisions, replace “(Transitional Provisions)” with “(Reciprocity Agreements, and New Zealand Artificial Limb Service)”:

New Zealand Artificial Limb Board renamed

18 Part 3 heading amended

In the Part 3 heading, replace Board with Service.

19 Section 42 amended (Interpretation)

(1)

In section 42, definition of Board, replace “constituted by section 43” with “established on 1 April 1990 by section 43(1)”.

(2)

In section 42, insert in its appropriate alphabetical order:

Service means the Board as renamed by section 43(1A)(a)

20 Section 43 amended (New Zealand Artificial Limb Board)

(1)

In the heading to section 43, replace Board with Service.

(2)

In section 43(1), replace “There is hereby” with “This subsection on 1 April 1990”.

(3)

After section 43(1), insert:

(1A)

After the commencement of the Social Welfare (Transitional Provisions) Amendment Act 2013,—

(a)

the Board is renamed, and is to be known as, the New Zealand Artificial Limb Service; and

(b)

a reference to the Board in an agreement, or in any other document, in force immediately before that commencement must be read as a reference to the Service.

(4)

In section 43(2) and (3), replace “Board” with “Service”.

21 Section 44 amended (Functions)

In section 44, replace “Board” with “Service”.

22 Section 46 amended (Membership of Board)

(1)

In the heading to section 46, replace Board with Service.

(2)

In section 46(1), replace “Board shall consist” with “Service consists”.

(3)

In section 46(1)(e), replace “Area” with “District”.

(4)

In section 46(1)(f), replace “the Board” with “a majority of the current members of the Service”.

(5)

In section 46(2), replace “Members of the Board” with “Members of the Service”.

23 Section 48 amended (Review of operation of Board)

(1)

In the heading to section 48, replace Board with Service.

(2)

In section 48,—

(a)

replace “the date of commencement of this Act” with “1 April 1990”; and

(b)

replace “Board shall” with “Service must”.

(3)

In section 48(a) and (b)(i), replace “Board” with “Service”.

(4)

In section 48(a)(i), replace “the date of the commencement of this Act” with “1 April 1990”.

24 Section 49 amended (Further provisions applying to Board)

(1)

In the heading to section 49, replace Board with Service.

(2)

In section 49, replace “shall apply in respect of the Board” with “apply in respect of the Service”.

25 Schedule 3 amended

(1)

In the Schedule 3 heading, replace Board with Service.

(2)

In Schedule 3, clause 7(1), (2), and (4), replace “Board” with “Service” in each place.

(3)

In Schedule 3, clause 16, replace “Board” with “Service”.

(4)

In Schedule 3, clause 22, replace “Board shall be” with “Service is”.

26 Crown Entities Act 2004 amended consequentially

(1)

This section amends the Crown Entities Act 2004.

(2)

In Schedule 1, Part 2, item relating to the New Zealand Artificial Limb Board, replace “Board” with “Service”.

27 Ombudsmen Act 1975 amended consequentially

(1)

This section amends the Ombudsmen Act 1975.

(2)

In Schedule 1, Part 2, item relating to the New Zealand Artificial Limb Board, replace “Board” with “Service”.

28 Public Bodies Contracts Act 1959 amended consequentially

(1)

This section amends the Public Bodies Contracts Act 1959.

(2)

In Schedule 1, Part 2, item relating to the New Zealand Artificial Limb Board, replace “Board” with “Service”.

29 Social Security Act 1964 amended consequentially

(1)

This section amends the Social Security Act 1964.

(2)

In section 126, replace “Board” with “Service”.

Reprints notes
1 General

This is a reprint of the Social Welfare (Transitional Provisions) Amendment Act 2013 that incorporates all the amendments to that Act as at the date of the last amendment to it.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Social Security Act 2018 (2018 No 32): section 456(1)