Social Security (Alternative Arrangement for Overseas Pensions) Regulations 1996

Reprint
as at 1 April 2006

Crest

Social Security (Alternative Arrangement for Overseas Pensions) Regulations 1996

(SR 1996/317)

Michael Hardie Boys, Governor-General

Order in Council

At Wellington this 7th day of October 1996

Present:
The Right Hon J B Bolger presiding in Council


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Ministry of Social Development.


Pursuant to section 132C of the Social Security Act 1964, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.

Regulations

1 Title and commencement
  • (1) These regulations may be cited as the Social Security (Alternative Arrangement for Overseas Pensions) Regulations 1996.

    (2) These regulations shall come into force on 7 November 1996.

2 Interpretation
  • (1) In these regulations, unless the context otherwise requires,—

    alternative arrangement has the meaning given to it by regulation 3

    competent authority means the competent authority of the country paying the overseas pension

    nominated bank

    • (a) means a bank with which the chief executive has, for the time being, entered into an agreement under regulation 5(1); and

    • (b) where the chief executive has entered into such agreements with different banks in respect of overseas pensions payable by different countries, pursuant to regulation 5(3), means, in relation to an overseas pensioner, the bank with which the chief executive has entered into an agreement in respect of the country paying the overseas pensioner’s overseas pension

    operate, in relation to a special bank account, includes—

    • (a) to deposit money into the account:

    • (b) to withdraw money from the account, or to draw on the account in any other way:

    • (c) to authorise another person to do any action referred to in paragraph (a) or paragraph (b)

    special bank account has the meaning given to it by regulation 4.

    (2) Terms defined in section 3(1) of the Act have the meanings so defined.

    Regulation 2(1) nominated bank paragraph (a): amended, on 1 October 1998, pursuant to section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Regulation 2(1) nominated bank paragraph (b): amended, on 1 October 1998, pursuant to section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

3 Meaning of alternative arrangement
  • (1) In these regulations, the term alternative arrangement means an arrangement, made pursuant to section 70(3)(a) of the Act by the chief executive with an overseas pensioner, that includes—

    • (a) the condition that no payment shall be made pursuant to section 70(3)(b) of the Act before 1 April 1997; and

    • (b) the condition that the disposition by the overseas pensioner of his or her overseas pension to the chief executive is made in consideration of the chief executive making payments to the overseas pensioner pursuant to section 70(3)(b) of the Act; and

    • (c) the conditions set out in subclause (2).

    (2) The conditions referred to in subclause (1)(c) are that the overseas pensioner—

    • (a) complies with any obligation imposed on the overseas pensioner by these regulations; and

    • (b) signs a written authority to the nominated bank to—

      • (i) open and administer a special bank account in the overseas pensioner’s name; and

      • (ii) operate the account for the purposes for which it may be operated; and

      • (iii) on the occurrence of any of the circumstances set out in subclause (3), transfer any money in the account to the chief executive and close the account; and

    • (c) signs a written authority to the competent authority to pay the overseas pension into the overseas pensioner’s special bank account; and

    • (d) shall not revoke an authority given under paragraph (b) or paragraph (c) unless the overseas pensioner closes the special bank account with effect from the date on which the revocation of the authority takes effect; and

    • (e) shall not operate the overseas pensioner’s special bank account for any purpose for which it may not be operated; and

    • (f) agrees that the chief executive, the competent authority, and the nominated bank may disclose to one another—

      • (i) information about the overseas pensioner’s special bank account; and

      • (ii) information about payments of the overseas pension made to the special bank account,—

      if the disclosure is necessary to facilitate the administration of the overseas pensioner’s alternative arrangement or special bank account.

    (3) The circumstances referred to in subclause (2)(b)(iii) are—

    • (a) the nominated bank receives notice from the chief executive of the cessation of the alternative arrangement with the overseas pensioner; or

    • (b) the nominated bank receives notice from the chief executive of the termination of the alternative arrangement with the overseas pensioner; or

    • (c) the overseas pensioner attempts to operate his or her special bank account for a purpose for which it may not be operated; or

    • (d) the nominated bank is notified, by means on which it is reasonable to rely, that—

      • (i) the overseas pensioner has ceased to reside in New Zealand; or

      • (ii) the overseas pensioner has died.

    Regulation 3(1): amended, on 1 October 1998, pursuant to section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Regulation 3(1)(b): amended, on 1 October 1998, pursuant to section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Regulation 3(2)(b)(iii): amended, on 1 October 1998, pursuant to section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Regulation 3(2)(f): amended, on 1 October 1998, pursuant to section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Regulation 3(3)(a): amended, on 1 October 1998, pursuant to section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Regulation 3(3)(b): amended, on 1 October 1998, pursuant to section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

4 Meaning of special bank account
  • (1) In these regulations, the term special bank account means a bank account that is opened and administered by the nominated bank in the name of an overseas pensioner in respect of a pension or pensions received from a country listed in regulation 6(b).

    (2) The purposes for which a special bank account may be operated are—

    • (a) to receive payments of the overseas pensioner’s overseas pension or pensions from the competent authority of a country listed in regulation 6(b); and

    • (b) to transfer to the chief executive, from time to time, amounts equivalent to the amounts of those payments of the overseas pension or pensions.

    (3) No special bank account shall—

    • (a) be opened and administered in the name of more than 1 overseas pensioner; or

    • (b) be operated for any purpose other than a purpose referred to in subclause (2); or

    • (c) be operated in respect of more than 1 country listed in regulation 6(b).

    Regulation 4(1): amended, on 1 April 2006, by regulation 3(1) of the Social Security (Alternative Arrangement for Overseas Pensions) Amendment Regulations 2006 (SR 2006/30).

    Regulation 4(2)(a): amended, on 1 April 2006, by regulation 3(2)(a) of the Social Security (Alternative Arrangement for Overseas Pensions) Amendment Regulations 2006 (SR 2006/30).

    Regulation 4(2)(a): amended, on 1 April 2006, by regulation 3(2)(b) of the Social Security (Alternative Arrangement for Overseas Pensions) Amendment Regulations 2006 (SR 2006/30).

    Regulation 4(2)(b): amended, on 1 April 2006, by regulation 3(3) of the Social Security (Alternative Arrangement for Overseas Pensions) Amendment Regulations 2006 (SR 2006/30).

    Regulation 4(2)(b): amended, on 1 October 1998, pursuant to section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Regulation 4(3)(b): amended, on 1 April 2006, by regulation 3(4) of the Social Security (Alternative Arrangement for Overseas Pensions) Amendment Regulations 2006 (SR 2006/30).

    Regulation 4(3)(c): added, on 1 April 2006, by regulation 3(4) of the Social Security (Alternative Arrangement for Overseas Pensions) Amendment Regulations 2006 (SR 2006/30).

5 Nominated bank
  • (1) The chief executive shall from time to time enter into an agreement, whether by way of contract or otherwise, with a bank, specifying terms and conditions in respect of the opening, administration, and operation of special bank accounts.

    (2) The terms and conditions of any agreement entered into under subclause (1) may include, without limitation, terms and conditions relating to—

    • (a) the obligations of the bank not to—

      • (i) open or administer any special bank account in the name of more than 1 overseas pensioner; or

      • (ii) allow any special bank account to be operated for any purpose for which it may not be operated:

    • (b) the frequency with which the nominated bank shall transfer to the chief executive amounts equivalent to amounts of payments of overseas pensioners’ overseas pensions:

    • (c) the disclosure of information by the chief executive, the competent authority, and the nominated bank to one another about—

      • (i) overseas pensioners’ special bank accounts; and

      • (ii) payments of overseas pensions made to special bank accounts,—

      if the disclosure is necessary to facilitate the administration of overseas pensioners’ alternative arrangements or special bank accounts:

    • (d) the obligation of the bank to notify the chief executive of the closure of any special bank account and of the reason for the closure:

    • (e) the transfer to the chief executive of any money in a special bank account that is closed for any reason other than the bankruptcy of the overseas pensioner.

    (3) The chief executive may enter into agreements under subclause (1) with different banks in respect of overseas pensions payable by different countries.

    Regulation 5(1): amended, on 1 October 1998, pursuant to section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Regulation 5(2)(b): amended, on 1 October 1998, pursuant to section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Regulation 5(2)(c): amended, on 1 October 1998, pursuant to section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Regulation 5(2)(d): amended, on 1 October 1998, pursuant to section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Regulation 5(2)(e): amended, on 1 October 1998, pursuant to section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Regulation 5(3): amended, on 1 October 1998, pursuant to section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

6 Category of eligible overseas pensioners
  • The chief executive may make an offer to make an alternative arrangement with any overseas pensioner who—

    • (a) is not an undischarged bankrupt; and

    • (b) is entitled to receive or receives an overseas pension paid by, or on behalf of, any of the following:

      • (i) the Government of the United Kingdom and Northern Ireland:

      • (ii) the Government of Australia:

      • (iii) the Government of the Kingdom of the Netherlands:

      • (iv) the Government of the Republic of Ireland:

      • (v) the States of Jersey:

      • (vi) the States of Guernsey.

    Regulation 6: amended, on 1 October 1998, pursuant to section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Regulation 6(b): substituted, on 1 July 2002, by regulation 3 of the Social Security (Alternative Arrangement for Overseas Pensions) Amendment Regulations 2002 (SR 2002/118).

    Regulation 6(b): amended, on 1 April 2006, by regulation 4(1) of the Social Security (Alternative Arrangement for Overseas Pensions) Amendment Regulations 2006 (SR 2006/30).

    Regulation 6(b)(v): added, on 1 April 2006, by regulation 4(2) of the Social Security (Alternative Arrangement for Overseas Pensions) Amendment Regulations 2006 (SR 2006/30).

    Regulation 6(b)(vi): added, on 1 April 2006, by regulation 4(2) of the Social Security (Alternative Arrangement for Overseas Pensions) Amendment Regulations 2006 (SR 2006/30).

7 Making of alternative arrangement
  • An overseas pensioner who wishes to accept an offer made under regulation 6 shall—

    • (a) give the chief executive written notice of his or her acceptance; and

    Regulation 7(a): amended, on 1 October 1998, pursuant to section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

8 Cessation of alternative arrangement
  • (1) An alternative arrangement shall cease if—

    • (a) the nominated bank closes the special bank account on the occurrence of any of the circumstances set out in regulation 3(3)(c) or (d); or

    • (b) the overseas pensioner gives the chief executive written notice that the alternative arrangement is to cease; or

    • (c) the chief executive determines that the overseas pensioner either never has been or is no longer—

      • (i) entitled to a benefit; or

      • (ii) an overseas pensioner to whom regulation 6 applies; or

    • (d) the overseas pensioner ceases to reside in New Zealand; or

    • (e) the overseas pensioner is adjudicated bankrupt; or

    • (f) the overseas pensioner dies.

    (2) The chief executive shall give notice of the cessation of any alternative arrangement—

    • (a) to the competent authority, where any of paragraphs (a) to (f) of subclause (1) applies; and

    • (b) to the nominated bank, where any of paragraphs (b) to (f) of subclause (1) applies.

    (3) The cessation of an alternative arrangement under subclause (1) shall take effect immediately after—

    • (a) the nominated bank transfers any money in the special bank account to the chief executive (or, where the overseas pensioner has been adjudicated bankrupt, to the Official Assignee) and closes the special bank account; and

    • (b) the chief executive makes (except where the overseas pensioner has been adjudicated bankrupt) the corresponding payment under section 70(3)(b) of the Act.

    Regulation 8(1)(b): amended, on 1 October 1998, pursuant to section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Regulation 8(1)(c): amended, on 1 October 1998, pursuant to section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Regulation 8(2): amended, on 1 October 1998, pursuant to section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Regulation 8(3)(a): amended, on 1 October 1998, pursuant to section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Regulation 8(3)(b): amended, on 1 October 1998, pursuant to section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

9 Termination of alternative arrangement
  • (1) The chief executive may terminate an alternative arrangement, with effect from a date determined by the chief executive, if the overseas pensioner fails to comply with any condition set out in regulation 3(2).

    (2) The chief executive shall give notice of the termination of any alternative arrangement—

    • (a) to the competent authority; and

    • (b) to the nominated bank.

    Regulation 9(1): amended, on 1 October 1998, pursuant to section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

    Regulation 9(2): amended, on 1 October 1998, pursuant to section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No 96).

Marie Shroff,
Clerk of the Executive Council.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 10 October 1996.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Social Security (Alternative Arrangement for Overseas Pensions) Regulations 1996. The reprint incorporates all the amendments to the regulations as at 1 April 2006, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)