Social Assistance (Residency Qualification) Legislation Act 2018

1 Title

This Act is the Social Assistance (Residency Qualification) Legislation Act 2018.

2 Commencement

(1)

This Act comes into force on a date appointed by the Governor-General by Order in Council.

(2)

However, if this Act is not in force by the day that is 12 months after the date on which it receives the Royal assent, it comes into force on that day.

Part 1 Amendments to New Zealand Superannuation and Retirement Income Act 2001

3 Principal Act

This Part amends the New Zealand Superannuation and Retirement Income Act 2001 (the principal Act).

4 New section 5B inserted (Transitional, savings, and related provisions)

After section 5A, insert:

5B Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.

5 Section 8 amended (Residential qualification for New Zealand superannuation)

Replace section 8(c) with:

(c)

has also been both resident and present for a period or periods aggregating not less than 5 years since attaining the age of 50 years in any 1 or more of—

(i)

New Zealand:

(ii)

the Cook Islands:

(iii)

Niue:

(iv)

Tokelau.

6 Section 31 amended (Entitlement to be paid New Zealand superannuation in specified Pacific country)

In section 31(4)(c), replace “, before he or she left New Zealand to reside in one of the countries or in the territory specified in paragraph (b),” with “has”.

7 New Schedule 1AA inserted

Insert the Schedule 1AA set out in Schedule 1 of this Act as the first schedule to appear after the last section of the principal Act.

Part 2 Amendments to Veterans’ Support Act 2014

8 Principal Act

This Part amends the Veterans’ Support Act 2014 (the principal Act).

9 New section 4A inserted (Transitional, savings, and related provisions)

After section 4, insert:

4A Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

10 Section 6 repealed (Application of provisions of this Act)

Repeal section 6.

11 Section 191 amended (Entitlement to be paid veteran’s pension in specified Pacific country)

In section 191(4)(c), replace “, before he or she left New Zealand to reside in one of the countries or in the territory specified in paragraph (b),” with “has”.

12 Section 265 amended (Regulations)

In section 265(1)(40), replace “application, savings, and transitional provisions” with “transitional, savings, and related provisions”.

13 Section 277 repealed (Application, savings, and transitional provisions)

Repeal section 277.

14 Schedule 1 amended

(1)

In the Schedule 1 heading, replace Application, savings, and transitional provisions with Transitional, savings, and related provisions.

(2)

In the Schedule 1 heading, replace “6” with “4A”.

(3)

In the Schedule 1 heading, delete “, 277”.

(4)

In Schedule 1, replace the Part 1 heading with:

Part 1 Provisions relating to this Act as enacted

Savings relating to this Act as enacted

(5)

In Schedule 1, replace the Part 2 heading with:

Transitional provisions relating to this Act as enacted

(6)

In Schedule 1, after clause 15, insert the Part 2 set out in Schedule 2 of this Act.

Schedule 1 New Schedule 1AA of New Zealand Superannuation and Retirement Income Act 2001 inserted

s 7

Schedule 1AA Transitional, savings, and related provisions

s 5B

Part 1 Transitional, savings, and related provisions relating to Act as enacted or as amended prior to 2018

1 Transitional, savings, and related provisions in body of Act

In addition to the transitional, savings, and related provisions set out in this Schedule, other transitional, savings, and related provisions apply as set out in the body of this Act.

Part 2 Provisions relating to Social Assistance (Residency Qualification) Legislation Act 2018

2 Interpretation

In this Part, 2018 Act means the Social Assistance (Residency Qualification) Legislation Act 2018.

3 Application of section 8(c)

(1)

This clause applies to a person who, on or after the date on which the 2018 Act comes into force, applies for New Zealand superannuation.

(2)

In determining whether the person has met the residential qualification in section 8(c), the person’s residence and presence in any of the countries or the territory before the 2018 Act came into force must be taken into account.

Schedule 2 New Part 2 of Schedule 1 of Veterans’ Support Act 2014 inserted

s 14(6)

Part 2 Provisions relating to Social Assistance (Residency Qualification) Legislation Act 2018

16 Interpretation

In this Part,—

2001 Act means the New Zealand Superannuation and Retirement Income Act 2001

2018 Act means the Social Assistance (Residency Qualification) Legislation Act 2018.

17 Application of section 8(c) of the New Zealand Superannuation and Retirement Income Act 2001

(1)

This clause applies to a person who, on or after the date on which the 2018 Act comes into force, applies for a veteran’s pension.

(2)

In determining for the purposes of section 161(1)(b) or (2)(a), 162(1)(b) or (2)(a), or 163(1)(a) or (2)(a) of this Act whether the person is eligible to receive New Zealand superannuation and, specifically whether he or she meets the residential qualification under section 8(c) of the 2001 Act, the person’s residence and presence in any of the countries or the territory before the 2018 Act came into force must be taken into account.

(3)

In determining for the purposes of section 163(1)(c) of this Act whether a veteran, had he or she not died, would have been eligible to receive New Zealand superannuation and, specifically whether the veteran would have met the residential qualification under section 8(c) of the 2001 Act, the veteran’s residence and presence in any of the countries or the territory before the 2018 Act came into force must be taken into account.

(4)

In determining for the purposes of section 191(4)(c) whether a person has met the residential qualification for New Zealand superannuation under section 8(c) of the 2001 Act, the person’s residence and presence in any of the countries or the territory before the 2018 Act came into force must be taken into account.

Legislative history

29 March 2018

Introduction (Bill 46–1)

5 April 2018

First reading and referral to Social Services and Community Committee

16 August 2018

Reported from Social Services and Community Committee

25 October 2018

Second reading

30 October 2018

Committee of the whole House

6 November 2018

Third reading

12 November 2018

Royal assent

This Act is administered by the Ministry of Social Development.