Veterans' Support Act 2014

162 Entitlement of spouse or partner of veteran to veteran’s pension

(1)

For the purposes of subsection (2)(b), this subsection applies to a veteran if—

(a)

the veteran has qualifying operational service; and

(b)

the veteran has reached the New Zealand superannuation qualification age and is eligible to receive New Zealand superannuation; and

(c)

either—

(i)

the veteran is entitled to a disablement pension or an independence allowance, or has been paid a lump sum under section 98, for whole-person impairment of 52% or more; or

(ii)

the veteran was, immediately before the commencement of this Part, entitled to a war disablement pension for disablement of 70% or more under Part 2, 4, or 5 of the War Pensions Act 1954.

(2)

Subject to subsection (3), the spouse or partner of a veteran is entitled to a veteran’s pension if—

(a)

the spouse or partner has reached the New Zealand superannuation qualification age and is eligible to receive New Zealand superannuation; and

(b)

subsection (1) applies to the veteran or the veteran is entitled to a veteran’s pension under section 164.

(3)

A spouse or partner described in subsection (2) is not entitled to a veteran’s pension if—

(a)

the veteran and the claimant are living apart or are not maintaining a relationship in the nature of a marriage; and

(b)

the claimant is not contributing to the veteran’s day-to-day welfare.

(4)

Despite subsection (3), a spouse or partner described in subsection (2) is entitled to a veteran’s pension if the circumstances described in subsection (3) occurred principally because of the health, imprisonment, or employment obligations of the veteran or the claimant.

(5)

This section is subject to section 167.

Compare: 1954 No 54 s 70(1), (2)