191 Entitlement to be paid veteran’s pension in specified Pacific country

(1)

A person entitled to a veteran’s pension is entitled to be paid the pension in a specified Pacific country at a rate calculated under section 192 if subsection (2) or (3) or (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 a veteran’s pension in a specified Pacific country; and

(c)

who—

(i)

is entitled to a veteran’s pension on the date of the application; or

(ii)

will be entitled to a veteran’s pension before leaving New Zealand; and

(d)

who is resident in a specified Pacific country when each payment of the veteran’s pension is due to be made to him or her.

(3)

This subsection applies to a person—

(a)

who was, immediately before this Part came into force, being paid a veteran’s pension while resident in a specified Pacific country under section 74O of the War Pensions Act 1954 as it was immediately before that date; and

(b)

who is resident in a specified Pacific country when each payment of the veteran’s pension 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 a veteran’s pension 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) of the New Zealand Superannuation and Retirement Income Act 2001; and

(d)

who is resident in a specified Pacific country when each payment of the veteran’s pension is due to be paid to him or her.

(5)

If subsection (4) applies, an application to be paid a veteran’s pension in a specified Pacific country must be made in addition to an application to be paid a veteran’s pension 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 of the New Zealand Superannuation and Retirement Income Act 2001, in anticipation of becoming entitled to be paid a veteran’s pension on reaching the qualifying age; or

(b)

when or after the applicant meets the age qualification.

Compare: 1954 No 54 s 74O

Section 191(1): amended, on 1 July 2015, by section 9(1) of the Social Assistance (Portability to Cook Islands, Niue, and Tokelau) Act 2015 (2015 No 61).

Section 191(4): inserted, on 1 July 2015, by section 9(2) of the Social Assistance (Portability to Cook Islands, Niue, and Tokelau) Act 2015 (2015 No 61).

Section 191(4)(c): amended, on 21 January 2019, by section 11 of the Social Assistance (Residency Qualification) Legislation Act 2018 (2018 No 45).

Section 191(5): inserted, on 1 July 2015, by section 9(2) of the Social Assistance (Portability to Cook Islands, Niue, and Tokelau) Act 2015 (2015 No 61).

Section 191(5): amended, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).

Section 191(6): inserted, on 1 July 2015, by section 9(2) of the Social Assistance (Portability to Cook Islands, Niue, and Tokelau) Act 2015 (2015 No 61).