Veterans' Support Act 2014

Reprint as at 14 July 2017

Coat of Arms of New Zealand

Veterans’ Support Act 2014

Public Act
 
2014 No 56
Date of assent
 
7 August 2014
Commencement
 
see section 2
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 New Zealand Defence Force.

Contents

1Title
2Commencement
3Purpose
4Overview
5Act to bind the Crown
6Application of provisions of this Act
7Interpretation
8Meaning of different types of service
9Declarations that deployments are operational service
10Functions to be performed and powers to be exercised in accordance with certain principles
11VANZ to perform functions and exercise powers on reasonable grounds and in a timely manner
12VANZ must keep veteran or claimant up to date on progress of claim and give notice of its decision
13VANZ must tell claimant about review rights
14Process for deciding claims
15Where no statement of principles applies
16Process in sections 14 and 15 subject to other sections
17Presumption of physical and mental fitness for service
18Application of section 17(4) to veterans with qualifying operational service
19Presumption that injury, illness, or death due to qualifying operational service
20Presumption in relation to paired organs
21Conclusively presumed injuries, illnesses, and conditions
22Statements of principles made under Australian legislation
23New statements of principles and revocation of statements of principles
24Amendments to statements of principles
25Application of certain sections of Legislation Act 2012
26Proof of statements of principles
27Responsibility of veteran or other claimant to assist in establishing and maintaining entitlements
28Circumstances that exclude or limit entitlements
29Disentitlement during imprisonment
30Indexation of certain entitlements in relation to average weekly earnings
31Indexation of certain entitlements in relation to New Zealand Consumers Price Index
32Purpose of Code
33Chief of Defence Force to prepare draft Code in consultation with persons nominated by Minister
34Approval of draft Code by Minister
35VANZ’s obligations in respect of Code
36Status of Code as disallowable instrument
37Amendments to Code
38Application of Part 3
39Application of Part 3 before commencement of Part 4 (Scheme Two)
40Purpose of Scheme One
41Other entitlements
42Interpretation
43When travel costs payable
44Travel escort
45Travel costs of certain persons visiting veteran in long-term hospital care
46Regulations
47Disablement pension
48Application for disablement pension
49Disablement pension temporary unless specified to be permanent
50Suspension of temporary disablement pension
51Treatment and rehabilitation during period of temporary disablement pension
52Reassessment of veteran’s disablement
53Lump sum payment for terminal conditions
54Maximum disablement pension payable if veteran has terminal condition
55Entitlement to disablement pension ceases 28 days after veteran’s death
56Rate of disablement pension
57Increased pension if treatment requires veteran’s absence from home or work
58Transitional provisions
59Weekly income compensation
60Application for weekly income compensation
61Rate of weekly income compensation
62Entitlement to weekly income compensation ceases if veteran able to work full-time
63Entitlement to compensation reduces if veteran able to work part-time
64Extent to which veteran entitled to weekly income compensation under this subpart and under Accident Compensation Act 2001
65Relationship between weekly income compensation and New Zealand superannuation or veteran’s pension
66Surviving spouse or partner pension
67Application for surviving spouse or partner pension
68Surviving spouse or partner pension ceases after spouse or partner enters into new relationship
69Reinstatement of surviving spouse or partner pension
70Entitlement to surviving spouse or partner pension ceases 28 days after spouse’s or partner’s death
71Transitional provisions
72Children’s pension
73Application for children’s pension
74Entitlement to children’s pension ceases 28 days after child’s death
75Transitional provisions
76Dependant’s pension
77Application for dependant’s pension
78Entitlement to dependant’s pension ceases 28 days after dependant’s death
79Certain children not entitled to dependant’s pension
80Transitional provisions
81Entitlement to children’s bursary
82Transitional provisions
83Application
84Application in other circumstances
85Purpose of Scheme Two
86Other entitlements
87Extent to which entitlements provided by this Part
88Transport costs associated with treatment
89Application of subpart
90Spouse or partner entitled to vocational services and assistance
91Period for which vocational assistance may be provided
92Assessment of spouse’s or partner’s vocational assistance needs
93Conduct of initial occupational assessment
94Report on occupational assessment
95Entitlement to payment for permanent impairment
96Independence allowance
97Extent to which veteran entitled to independence allowance under this subpart and under Accident Compensation Act 2001
98Lump sum payments
99Impairment payments exempt from income tax
100Entitlement to weekly compensation
101Entitlement to compensation ceases or abates if veteran able to work
102Extent to which veteran entitled to weekly compensation under this subpart and under Accident Compensation Act 2001
103Weekly compensation is income for purposes of Income Tax Act 2007
104Relationship between weekly compensation and New Zealand superannuation or veteran’s pension
105Application
106Purpose of this Part
107Treatment
108Extent to which VANZ responsible for paying or contributing to cost of treatment
109When VANZ responsible for paying or contributing to cost of ancillary services related to treatment
110Application for additional treatment
111Approval of VANZ required before treatment begins
112Appointment of case manager
113Appointment of case manager and provision of entitlements before claim accepted
114VANZ’s responsibilities in relation to rehabilitation plan
115General duty of VANZ
116VANZ to determine need for rehabilitation plan
117Provision of rehabilitation before and after individual rehabilitation plan agreed
118Assessment of needs and content of individual rehabilitation plan
119Individual rehabilitation plan must be updated
120Purpose of social rehabilitation
121VANZ’s responsibility to provide key aspects of social rehabilitation
122VANZ may provide other social rehabilitation
123Date of entitlement to social rehabilitation
124Assessment and reassessment of need for social rehabilitation
125Purpose of vocational rehabilitation
126VANZ responsible for providing vocational rehabilitation
127Matters to be considered in deciding whether to provide vocational rehabilitation
128Further matters to be considered in deciding whether to provide vocational rehabilitation
129Vocational rehabilitation may start or resume if circumstances change
130Assessment of veteran’s vocational rehabilitation needs
131Occupational assessor
132Conduct of initial occupational assessment
133Report on initial occupational assessment
134Medical assessor
135Assessments when medical assessor unavailable
136Conduct of initial medical assessment
137Report on initial medical assessment
138VANZ to establish and administer veterans’ independence programme
139Purpose of programme
140Scope of programme
141Extent to which services and support to be provided under programme
142Application for services and support
143Surviving spouse or partner
144Regulations
145Regulations relating to aids and appliances
146Interpretation
147Eligibility for motor vehicle grants
148Regulations relating to motor vehicle grants
149Retirement lump sum
150Asset assessment
151Regulations relating to this subpart
152Application
153Funeral expenses if death due to qualifying service
154Funeral expenses if death not due to qualifying service
155Extent to which funeral expenses payable under this subpart and under Accident Compensation Act 2001
156Plaques and headstones
157Veteran entitled to financial advice in certain circumstances
158Interpretation
159Meaning of living alone
160Delegation of general manager’s functions, duties, and powers under this Part
161Entitlement to veteran’s pension
162Entitlement of spouse or partner of veteran to veteran’s pension
163Entitlement of spouse or partner of deceased veteran to veteran’s pension
164Entitlement to veteran’s pension under War Pensions Act 1954 by reason of infirmity
165Veteran’s ability to earn employment income
166Medical examination of veteran receiving pension under section 164
167Person may not receive New Zealand superannuation and veteran’s pension at same time
168Commencement of veteran’s pension
169Rates of veteran’s pension
170Annual adjustment of rates of veteran’s pension
171Abatement of veteran’s pension
172Election if spouse or partner not entitled to superannuation or veteran’s pension
173Entitlement to veteran’s pension for spouses or partners of persons in long-term residential care in hospital or rest home
174Lump sum payment on death
175Review of decision relating to veteran’s pension
176Effect of absence from New Zealand on veteran’s pension
177First 26 weeks of certain temporary absences
178Absences up to 2 years for medical treatment
179Absences up to 156 weeks with aid agencies
180Date absence commences
181Payment overseas of veteran’s pension
182Entitlement to payments overseas
183Rates of veteran’s pension payable overseas
184Calculation of amount of veteran’s pension payable overseas
185Certain absences excluded from calculation
186Application for entitlement
187Applications after leaving New Zealand
188Date of commencement of payment overseas
189Relationship with other benefit provisions
190Specified Pacific country
190AOrders are confirmable instruments
191Entitlement to be paid veteran’s pension in specified Pacific country
192Rates of payment of veteran’s pension payable to people resident in specified Pacific countries
193Commencement and termination of payments
194Effect on other benefits
195Application of this Act and Social Security Act 1964
196Certain former economic pensioners may be paid up to the full rate of veteran’s pension overseas
197Chief of Defence Force responsible for administration of Act
198Establishment of VANZ as unit within Defence Force
199Functions of VANZ
200General Manager and Deputy General Manager of VANZ
201Functions, duties, and powers of VANZ
202General manager may delegate functions, duties, and powers to members of Defence Force
203General manager may delegate functions, duties, and powers outside Defence Force with approval
204Immunity from civil liability
205VANZ may reconsider decision
206Recovery of debts by VANZ
207Entitlements inalienable
208Entitlements to be provided to claimant only
209VANZ to pay amount for child to caregiver or financially responsible person
210VANZ to pay amount to claimant’s estate
211Defence Force to report on timeliness of decision-making and implementation of systems and procedures
212Appointment of assessors and examiners
213Purposes for which VANZ may collect information
214Effect of review or appeal on decisions
215Review of decision
216Procedure for reviews
217Application for review
218Time limit for application for review
219Review to be conducted by review officer or review panel
220Conduct of review
221Review officer may require further information or assessment
222Decision of review officer
223Veterans’ Service Review Panel
224Membership of review panel
225Review panel may seek and receive further information
226Decision stands if panel unable to agree
227RSA member
228Appeal against review decision
229Hearing and determination of appeal
230Composition of appeal board
231Power to require documents
232Power to summon witnesses
233Service of summons on witness
234Offence to fail to comply with summons
235Reimbursement of costs and travelling expenses of appellant, witnesses, and other participants
236Immunities and privileges of participants
237Decision of appeal board
238Decision to be made available unless publication prohibited or restricted
239Appeal to High Court on questions of law
240Veterans’ Entitlements Appeal Board
241Membership of appeal board
242Deputy members
243Specialist member
244Appeal board serviced by VANZ
245Term of appointment
246Remuneration of members of appeal board
247Veterans’ Advisory Board
248Membership of advisory board
249Deputy members
250Meetings of advisory board
251Advisory board serviced by VANZ
252Term of appointment
253Remuneration of members of advisory board
254Veterans’ Health Advisory Panel
255Membership of advisory panel
256Advisory panel serviced by VANZ
257Meetings of advisory panel
258Term of appointment
259Remuneration of members of advisory panel
260Veterans’ Medical Research Trust Fund
261Income to be applied for grants and awards
262Annual report and audit of fund
263Capital to be invested in accordance with Trustee Act 1956
264How documents given or information notified
265Regulations
266Treatment cards
267Regulations relating to treatment and rehabilitation
268Regulations relating to ancillary services for rehabilitation
269Regulations relating to when conditions stabilise and to assessing whole-person impairment
270Offence to mislead VANZ
271Offence not to provide earnings information to VANZ
272Offence not to provide requested information to VANZ
273Offence to demand or accept assignment or charge of entitlement
274Time for filing charge
275General fine for offences
276Repeals
277Application, savings, and transitional provisions
278Consequential amendments
279Veteran officially reported as missing
280Arrangements with other countries
281When the Crown not liable to pay compensation or damages for death or disablement of veterans
282Review of operation of Act
Reprint notes

The Parliament of New Zealand enacts as follows: