Veterans' Support Bill

  • enacted

Hon Michael Woodhouse

Veterans' Support Bill

Government Bill

158—3

As reported from the committee of the whole House

Contents

Key

1 Title

2 Commencement

Part 1
Preliminary provisions

Subpart 1Preliminary matters

3 Purpose

4 Overview

5 Act to bind the Crown

6 Application of provisions of this Act

Subpart 2Interpretation and related matters

7 Interpretation

8 Meaning of different types of service

9 Declarations that deployments are operational service

Subpart 4General principles and related matters

General principles

14 Functions to be performed and powers to be exercised in accordance with certain principles

VANZ's general duties

14A VANZ to perform functions and exercise powers on reasonable grounds and in a timely manner

14B VANZ must keep veteran or claimant up to date on progress of claim and give notice of its decision

14C VANZ must tell claimant about review rights

How claims are to be decided

15 Process for deciding claims

15A Where no statement of principles applies

15B Process in sections 15 and 15A subject to other sections

Presumptions

15C Presumption of physical and mental fitness for service

15D Application of section 15C(4) to veterans with qualifying operational service

15E Presumption that injury, illness, or death due to qualifying operational service

15F Presumption in relation to paired organs

16 Conclusively presumed injuries, illnesses, and conditions

Australian statements of principles

17 Statements of principles made under Australian legislation

17A New statements of principles and revocation of statements of principles

17B Amendments to statements of principles

17C Application of certain sections of Legislation Act 2012

17D Proof of statements of principles

Subpart 5Other matters

Veteran's and claimant's obligation

20A Responsibility of veteran or other claimant to assist in establishing and maintaining entitlements

Disentitlement

21 Circumstances that exclude or limit entitlements

22 Disentitlement during imprisonment

Indexation

23 Indexation of certain entitlements in relation to average weekly earnings

24 Indexation of certain entitlements in relation to New Zealand Consumers Price Index

Part 2
Code of Veterans' and Other Claimants' Rights

25 Purpose of Code

26 Chief of Defence Force to prepare draft Code in consultation with persons nominated by Minister

27 Approval of draft Code by Minister

28 VANZ's obligations in respect of Code

29 Status of Code as disallowable instrument

30 Amendments to Code

Part 3
Scheme One

Subpart 1Application and purpose

31 Application of Part 3

32 Application of Part 3 before commencement of Part 4 (Scheme Two)

33 Purpose of Scheme One

33A Other entitlements

Subpart 2Travel costs associated with treatment and long-term hospital care

34 Interpretation

36 When travel costs payable

37 Travel escort

38 Travel costs of certain persons visiting veteran in long-term hospital care

39 Regulations

Subpart 3Disablement pension

40 Disablement pension

41 Application for disablement pension

42 Disablement pension temporary unless specified to be permanent

43 Suspension of temporary disablement pension

44 Treatment and rehabilitation during period of temporary disablement pension

45 Reassessment of veteran's disablement

46 Lump sum payment for terminal conditions

46A Maximum disablement pension payable if veteran has terminal condition

47 Entitlement to disablement pension ceases 28 days after veteran's death

48 Rate of disablement pension

48A Increased pension if treatment requires veteran's absence from home or work

49 Transitional provisions

Subpart 4Weekly income compensation

50 Weekly income compensation

51 Application for weekly income compensation

52 Rate of weekly income compensation

52 Rate of weekly income compensation

53 Entitlement to weekly income compensation ceases if veteran able to work full-time

54 Entitlement to compensation reduces if veteran able to work part-time

54A Extent to which veteran entitled to weekly income compensation under this subpart and under Accident Compensation Act 2001

55 Relationship between weekly income compensation and New Zealand superannuation or veteran's pension

Subpart 5Retirement lump sum

56 Retirement lump sum

57 Asset assessment

58 Regulations relating to this subpart

Subpart 6Spouses, partners, children, and dependants of veterans

Surviving spouse or partner pension

59 Surviving spouse or partner pension

60 Application for surviving spouse or partner pension

61 Surviving spouse or partner pension ceases after spouse or partner enters into new relationship

62 Reinstatement of surviving spouse or partner pension

63 Entitlement to surviving spouse or partner pension ceases 28 days after spouse's or partner's death

64 Transitional provisions

Children's pension

65 Children's pension

66 Application for children's pension

67 Entitlement to children's pension ceases 28 days after child's death

68 Transitional provisions

Dependant's pension

69 Dependant's pension

70 Application for dependant's pension

71 Entitlement to dependant's pension ceases 28 days after dependant's death

72 Certain children not entitled to dependant's pension

73 Transitional provisions

Subpart 7Children's bursaries

74 Entitlement to children's bursary

75 Transitional provisions

Part 4
Scheme Two

Subpart 1Preliminary matters

76 Application

77 Application in other circumstances

78 Purpose of Scheme Two

78A Other entitlements

79 Extent to which entitlements provided by this Part

Subpart 1ATransport costs associated with treatment

79A Transport costs associated with treatment

Subpart 2Vocational services and assistance for spouse or partner

80 Application of subpart

81 Spouse or partner entitled to vocational services and assistance

82 Period for which vocational assistance may be provided

83 Assessment of spouse's or partner's vocational assistance needs

84 Conduct of initial occupational assessment

85 Report on occupational assessment

Subpart 3Payments for permanent impairment

86 Entitlement to payment for permanent impairment

Independence allowance

87 Independence allowance

88 Extent to which veteran entitled to independence allowance under this subpart and under Accident Compensation Act 2001

Lump sum payments

89 Lump sum payments

Tax status of impairment payments

91 Impairment payments exempt from income tax

Subpart 4Weekly compensation

92 Entitlement to weekly compensation

93 Entitlement to compensation ceases or abates if veteran able to work

94 Extent to which veteran entitled to weekly compensation under this subpart and under Accident Compensation Act 2001

95 Weekly compensation is income for purposes of Income Tax Act 2007

96 Relationship between weekly compensation and New Zealand superannuation or veteran's pension

Subpart 5Retirement lump sum

97 Retirement lump sum

98 Asset assessment

99 Regulations relating to this subpart

Part 5
Entitlements common to Scheme One and Scheme Two

Subpart 1Application and purpose

100 Application

101 Purpose of this Part

Subpart 2Treatment

102 Treatment

103 Extent to which VANZ responsible for paying or contributing to cost of treatment

103A When VANZ responsible for paying or contributing to cost of ancillary services related to treatment

104 Application for additional treatment

105 Approval of VANZ required before treatment begins

Subpart 3Rehabilitation

107 Appointment of case manager

107A Appointment of case manager and provision of entitlements before claim accepted

107B VANZ's responsibilities in relation to rehabilitation plan

108 General duty of VANZ

Individual rehabilitation plan

109 VANZ to determine need for rehabilitation plan

110 Provision of rehabilitation before and after individual rehabilitation plan agreed

111 Assessment of needs and content of individual rehabilitation plan

112 Individual rehabilitation plan must be updated

Social rehabilitation

113 Purpose of social rehabilitation

114 VANZ's responsibility to provide key aspects of social rehabilitation

115 VANZ may provide other social rehabilitation

116 Date of entitlement to social rehabilitation

117 Assessment and reassessment of need for social rehabilitation

Vocational rehabilitation

118 Purpose of vocational rehabilitation

119 VANZ responsible for providing vocational rehabilitation

120 Matters to be considered in deciding whether to provide vocational rehabilitation

121 Further matters to be considered in deciding whether to provide vocational rehabilitation

122 Vocational rehabilitation may start or resume if circumstances change

123 Assessment of veteran's vocational rehabilitation needs

124 Occupational assessor

125 Conduct of initial occupational assessment

126 Report on initial occupational assessment

127 Medical assessor

128 Assessments when medical assessor unavailable

129 Conduct of initial medical assessment

130 Report on initial medical assessment

Subpart 4Veterans' independence programme

131 VANZ to establish and administer veterans' independence programme

132 Purpose of programme

133 Scope of programme

134 Extent to which services and support to be provided under programme

135 Application for services and support

136 Surviving spouse or partner

137 Regulations

Subpart 5Regulations relating to aids and appliances

138 Regulations relating to aids and appliances

Subpart 6Motor vehicle grants

139 Interpretation

140 Eligibility for motor vehicle grants

141 Regulations relating to motor vehicle grants

Subpart 6ARetirement lump sum

141A Retirement lump sum

141B Asset assessment

141C Regulations relating to this subpart

Subpart 7Funeral expenses

142 Application

143 Funeral expenses if death due to qualifying service

144 Funeral expenses if death not due to qualifying service

144AA Extent to which funeral expenses payable under this subpart and under Accident Compensation Act 2001

Subpart 8Plaques and headstones

144A Plaques and headstones

Subpart 9Financial advice

144B Veteran entitled to financial advice in certain circumstances

Part 6
Veteran's pension

Preliminary provisions

145 Interpretation

146 Meaning of living alone

147 Delegation of general manager's functions, duties, and powers under this Part

Entitlement

147A Entitlement to veteran’s pension

148 Entitlement of spouse or partner of veteran to veteran's pension

149 Entitlement of spouse or partner of deceased veteran to veteran's pension

Entitlement to veteran's pension by reason of infirmity

150 Entitlement to veteran’s pension under War Pensions Act 1954 by reason of infirmity

151 Veteran’s ability to earn employment income

152 Medical examination of veteran receiving pension under section 150

Person may not receive New Zealand superannuation and veteran's pension

153 Person may not receive New Zealand superannuation and veteran's pension at same time

Commencement and rates of veteran's pension

154 Commencement of veteran’s pension

155 Rates of veteran's pension

156 Initial rates of veteran's pension

157 Annual adjustment of rates of veteran's pension

158 Abatement of veteran's pension

159 Election if spouse or partner not entitled to superannuation or veteran's pension

160 Entitlement to veteran's pension for spouses or partners of persons in long-term residential care in hospital or rest home

Lump sum payment on death

161 Lump sum payments on death

Review of decision relating to veteran's pension

162 Review of decision relating to veteran's pension

Payment overseas of veteran's pension

163 Effect of absence from New Zealand on veteran’s pension

164 First 26 weeks of certain temporary absences

165 Absences up to 2 years for medical treatment

166 Absences up to 156 weeks with aid agencies

167 Date absence commences

168 Payment overseas of veteran's pension

169 Entitlement to payments overseas

170 Rates of veteran's pension payable overseas

171 Calculation of amount of veteran's pension payable overseas

172 Certain absences excluded from calculation

173 Application for entitlement

174 Applications after leaving New Zealand

175 Date of commencement of payment overseas

176 Relationship with other benefit provisions

177 Specified Pacific country

178 Entitlement to be paid veteran's pension in specified Pacific country

179 Rates of payment of veteran's pension payable to people resident in specified Pacific countries

180 Commencement and termination of payments

181 Effect on other benefits

182 Application of this Act and Social Security Act 1964

183 Certain former economic pensioners may be paid up to the full rate of veteran's pension overseas

Part 7
Administration

Subpart 1Establishment and functions of VANZ and related matters

184 Chief of Defence Force responsible for administration of Act

185 Establishment of VANZ as unit within Defence Force

186 Functions of VANZ

187 General Manager and Deputy General Manager of VANZ

188 Functions, duties, and powers of VANZ

189 General manager may delegate functions, duties, and powers to members of Defence Force

190 General manager may delegate functions, duties, and powers outside Defence Force with approval

191 Immunity from civil liability

192 VANZ may reconsider decision

194 Recovery of debts by VANZ

195 Entitlements inalienable

196 Entitlements to be provided to claimant only

197 VANZ to pay amount for child to caregiver or financially responsible person

198 VANZ to pay amount to claimant's estate

198A Defence Force to report on timeliness of decision-making and implementation of systems and procedures

199 Appointment of assessors and examiners

200 Purposes for which VANZ may collect information

Subpart 2Reviews and appeals

Preliminary provision

200A Effect of review or appeal on decisions

Review of VANZ decisions

201 Review of decision

202 Procedure for reviews

203 Application for review

204 Time limit for application for review

205 Review to be conducted by review officer or review panel

206 Conduct of review

207 Review officer may require further information or assessment

208 Decision of review officer

Veterans' Service Review Panel

209 Veterans' Service Review Panel

210 Membership of review panel

211 Review panel may seek and receive further information

212 Decision stands if panel unable to agree

213 RSA member

Appeal against review decision

214 Appeal against review decision

215 Hearing and determination of appeal

216 Composition of appeal board

217 Power to require documents

218 Power to summon witnesses

219 Service of summons on witness

221 Offence to fail to comply with summons

221A Reimbursement of costs and travelling expenses of appellant, witnesses, and other participants

221B Immunities and privileges of participants

222 Decision of appeal board

223 Decision to be made available unless publication prohibited or restricted

224 Appeal to High Court on questions of law

Veterans' Entitlements Appeal Board

225 Veterans' Entitlements Appeal Board

226 Membership of appeal board

227 Deputy members

228 Specialist member

229 Appeal board serviced by VANZ

230 Term of appointment

231 Remuneration of members of appeal board

Part 8
Advisory bodies and medical research trust fund

Subpart 1Veterans' Advisory Board

232 Veterans' Advisory Board

233 Membership of advisory board

234 Deputy members

235 Meetings of advisory board

236 Advisory board serviced by VANZ

237 Term of appointment

238 Remuneration of members of advisory board

Subpart 2Veterans' Health Advisory Panel

239 Veterans' Health Advisory Panel

240 Membership of advisory panel

241 Advisory panel serviced by VANZ

242 Meetings of advisory panel

243 Term of appointment

244 Remuneration of members of advisory panel

Subpart 3Veterans' Medical Research Trust Fund

245 Veterans’ Medical Research Trust Fund

246 Income to be applied for grants and awards

247 Annual report and audit of fund

248 Capital to be invested in accordance with Trustee Act 1956

Part 9
Miscellaneous

Subpart 1Notification

249 How documents given or information notified

Subpart 2Regulations

250 Regulations

250A Treatment cards

251 Regulations relating to treatment and rehabilitation

252 Regulations relating to ancillary services for rehabilitation

253 Regulations relating to when conditions stabilise and to assessing whole-person impairment

Subpart 3Offences

254 Offence to mislead VANZ

255 Offence not to provide earnings information to VANZ

256 Offence not to provide requested information to VANZ

257 Offence to demand or accept assignment or charge of entitlement

258 Time for filing charge

259 General fine for offences

Subpart 4Repeals, transitional provisions, and consequential amendments

260 Repeals

261 Application, savings, and transitional provisions

262 Consequential amendments

Subpart 5Other matters

263 Veteran officially reported as missing

264 Arrangements with other countries

265 When the Crown not liable to pay compensation or damages for death or disablement of veterans

266 Review of operation of Act

Schedule 1
Application, savings, and transitional provisions

Schedule 2
Entitlements

Schedule 3
Specified Pacific countries

Schedule 4
Consequential amendments

Legislative history


The Parliament of New Zealand enacts as follows: