Veterans' Support Act 2014

172 Election if spouse or partner not entitled to superannuation or veteran’s pension

(1)

This section applies to a veteran—

(a)

who is entitled to a veteran’s pension; and

(b)

who is not single; and

(c)

whose spouse or partner is not entitled to New Zealand superannuation or a veteran’s pension.

(2)

The veteran may elect to receive—

(a)

the relationship rate; or

(b)

the relationship (partner not receiving superannuation or pension) rate; or

(c)

if the veteran was receiving, or had applied for and was entitled to receive, New Zealand superannuation or a veteran’s pension at the alternative rate before 1 October 1991, the relationship (partner not receiving superannuation or pension) legacy rate.

(3)

A veteran who has made an election under subsection (2) may change that election.

(4)

Subsection (5) applies to a veteran’s election to receive the relationship (partner not receiving superannuation or pension) rate, and to a veteran’s election to receive the relationship (partner not receiving superannuation or pension) legacy rate, under subsection (2) when—

(a)

the veteran’s spouse or partner is in employment under a contract of service; and

(b)

the combined income of the veteran and his or her spouse or partner, during that employment, is enough to prevent receipt of any veteran’s pension due to abatement under section 171.

(5)

If this subsection applies to the veteran’s election, the election does not take effect until the employment has ceased.

Compare: 1954 No 54 s 74(2)–(5)