	Title
1	Short Title and commencement. 1943 No. 22
	Part I Rates of War Pensions and Allowances
	War Pensions
2	Increasing maximum rates of certain war pensions. 1950, No. 47
3	Increasing pensions to wives of disabled members. 1946, No. 17
4	Increase of pension where member suffering from total blindness or from two or more serious disabilities.
5	Increasing pensions to children in certain cases. 1950, No. 47
6	Increasing pensions to guardians of motherless children.
7	Increasing allowances for services of attendant.
8	Increasing clothing allowances. 1947, No. 26
	Economic Pensions
9	Increasing maximum rates of economic pensions. 1950, No. 47
	Pensions in Respect of Service with Emergency Reserve Corps
10	Increasing maximum rates of Emergency Reserve Corps pensions. 1946, No. 17
	War Veterans’ Allowances
11	Increasing rate of war veterans’ allowances. 1945, No. 12
	Part II Miscellaneous Provisions as to War Pensions and Allowances
13	Special provisions as to persons who serve with forces in other Commonwealth countries.
14	Allowable income of claimants for economic pensions.
15	Amending provisions as to qualifications of claimants for war veterans’ allowances. 1940, No. 24
16	Separated husbands and wives may be regarded as unmarried persons. 1945, No. 12
17	Board may authorize payment to veteran maintained in public institution.
18	Disablement pensions and war widows’ pensions to be disregarded in computing war veterans’ allowances. 1940, No. 24
19	Persons receiving superannuation benefits under the Social Security Act 1938 not to receive certain war pensions and allowances. 1938, No. 7; reprinted, 1948, Vol. II, p. 1251
20	Supplementary allowance where war veteran or his wife has attained sixty-five years.
21	Special provisions affecting rates of pensions. 1940, No. 24 1938, No. 7; reprinted, 1948, Vol. II, p. 1251
	Schedule

An Act to amend the War Pensions Act 1943.

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—

1 Short Title and commencement. 1943 No. 22

(1)

This Act may be cited as the War Pensions Amendment Act 1951, and shall be read together with and deemed part of the War Pensions Act 1943 (hereinafter referred to as the principal Act).

(2)

This Act shall be deemed to have come into force on the fifteenth day of February, nineteen hundred and fifty-one.

Part I Rates of War Pensions and Allowances

War Pensions

2 Increasing maximum rates of certain war pensions. 1950, No. 47

(1)

The principal Act is hereby amended by repealing the First and Third Schedules (as set out in the Schedule to the War Pensions Amendment Act 1950), and substituting therefor respectively the First and Third Schedules set out in the Schedule to this Act.

Repeals.

(2)

Section two of the War Pensions Amendment Act 1950 and the Schedule to that Act are hereby repealed.

3 Increasing pensions to wives of disabled members. 1946, No. 17

Subsection one of section nineteen of the principal Act (as set out in subsection three of section two of the War Pensions Amendment Act 1946) is hereby amended by repealing paragraphs (b) and (c), and substituting the following paragraphs:—

“(b)

To the wife, the rate specified in the third column of the said Schedule:

“(c)

To each child, the rate specified in the fourth column of the said Schedule:

4 Increase of pension where member suffering from total blindness or from two or more serious disabilities.

(1)

Section nineteen of the principal Act is hereby amended by omitting from subsection four the words “forty shillings”, and substituting the words “fifty shillings”.

(2)

Section twenty of the principal Act is hereby amended by omitting from subsection three the words “forty shillings”, and substituting the words “fifty shillings”.

5 Increasing pensions to children in certain cases. 1950, No. 47

(1)

Section thirty-one of the principal Act (as amended by section three of the War Pensions Amendment Act 1950) is hereby further amended by omitting the words “twenty-seven shillings and sixpence”, and substituting the words “forty shillings”.

Repeal.

(2)

Section three of the War Pensions Amendment Act 1950 is hereby repealed.

6 Increasing pensions to guardians of motherless children.

(1)

Section thirty-six of the principal Act (as amended by section four of the War Pensions Amendment Act 1950) is hereby further amended by omitting from subsection two the words “twenty-seven shillings and sixpence”, and substituting the words “fifty-seven shillings and sixpence”.

Repeal.

(2)

Section four of the War Pensions Amendment Act 1950 is hereby repealed.

7 Increasing allowances for services of attendant.

(1)

Section forty of the principal Act (as amended by section five of the War Pensions Amendment Act 1950) is hereby further amended by omitting from subsection one the words “six pounds a week”, and substituting the words “six pounds twelve shillings and sixpence a week”.

Repeal.

(2)

Section five of the War Pensions Amendment Act 1950 is hereby repealed.

8 Increasing clothing allowances. 1947, No. 26

(1)

Subsection one of section forty-one of the principal Act (as amended by section five of the War Pensions Amendment Act 1947) is hereby further amended as follows:—

(a)

By omitting from paragraph (a) the words “eighteen pounds”, and substituting the words “twenty-four pounds”:

(b)

By omitting from paragraph (b) the words “sixteen pounds”, and substituting the words “twenty-two pounds”:

(c)

By omitting from paragraph (c) the words “ten pounds”, and substituting the words “sixteen pounds”:

(d)

By inserting in paragraph (c), after the words “any member”, the words “who has suffered the loss of an arm or part of an arm or”.

Repeal.

(2)

Section five of the War Pensions Amendment Act 1947 is hereby repealed.

Economic Pensions

9 Increasing maximum rates of economic pensions. 1950, No. 47

(1)

Section fifty-one of the principal Act (as amended by section six of the War Pensions Amendment Act 1950) is hereby further amended by repealing paragraphs (a), (b), (c), (d), and (e), and substituting the following paragraphs:—

“(a)

To any member of the Forces, fifty-seven shillings and sixpence a week:

“(b)

To the widow of a deceased member of the Forces who is in receipt of a mother’s allowance under paragraph (a) of subsection one of section eighteen of this Act, fifty-two shillings and sixpence a week:

“(c)

To any other widow of a deceased member of the Forces, fifty-seven shillings and six-pence a week:

“(d)

To the widowed mother of a deceased member of the Forces,—

“(i)

Where the claimant was wholly dependent on the member or was partially dependent on two or more sons, being deceased members, fifty-seven shillings and sixpence a week:

“(ii)

In any other case, thirty-seven shillings and sixpence a week:

“(e)

To any person who is in receipt of a pension under section forty-six or section forty-seven hereof in respect of his own disablement, fifty-seven shillings and sixpence a week:”.

Repeal.

(2)

Section six of the War Pensions Amendment Act 1950 is hereby repealed.

Pensions in Respect of Service with Emergency Reserve Corps

10 Increasing maximum rates of Emergency Reserve Corps pensions. 1946, No. 17

(1)

Section fifty-seven of the principal Act (as amended by subsection two of section four of the War Pensions Amendment Act 1946 and by section seven of the War Pensions Amendment Act 1950) is hereby further amended by repealing paragraph (c), and substituting the following paragraph:—

“(c)

To or on account of the wife of a member, the sum of fifty-seven shillings and sixpence a week:’

Repeal. 1950, No. 47

(2)

Section seven of the War Pensions Amendment Act 1950 is hereby repealed.

War Veterans’ Allowances

11 Increasing rate of war veterans’ allowances. 1945, No. 12

(1)

Section sixty-two of the principal Act (as amended by section two of the War Pensions Amendment Act 1945 and by section nine of the War Pensions Amendment Act 1950) is hereby further amended by omitting from subsection one the words “one hundred and thirty-six pounds ten shillings” wherever they occur, and substituting in each case the words “one hundred and forty-nine pounds ten shillings”.

Repeal.

(2)

Section nine of the War Pensions Amendment Act 1950 is hereby repealed.

Part II Miscellaneous Provisions as to War Pensions and Allowances

12 Additional pension payable to members severely disabled.

Section nineteen of the principal Act is hereby amended by adding the following subsection:—

“(5)

The War Pensions Board may, with the approval of the Minister, increase the maximum pension payable to a member in accordance with the foregoing provisions of this section by an amount not exceeding fifty shillings a week if the member is totally disabled and is permanently unfit for work of any kind, and either is permanently bedridden or, if not permanently bedridden, is, in the opinion of the Board, so restricted in his activities and pursuits that he is prevented from engaging in normal social and recreational activities:

“Provided that no increased pension shall be payable under this subsection to any member who is in receipt of an increased pension under subsection four of this section or under subsection three of section twenty of this Act.”

13 Special provisions as to persons who serve with forces in other Commonwealth countries.

(1)

Section forty-seven of the principal Act is hereby amended by repealing subsections one and two, and substituting the following subsections:—

“(1)

Subject to the provisions of this section, the War Pensions Board may, with the approval of the Minister, grant a pension under this Part of this Act in respect of the death or disablement during any war in which His Majesty has been or is at any time engaged of any person who served in connection with that war as a member of any forces established in any country of the Commonwealth (other than New Zealand) and whose death is attributable to or whose disablement is attributable to or has been aggravated by that service.

“(2)

Where any claimant for a pension pursuant to this section in respect of the death or disablement of a member of the forces of any country of the Commonwealth (other than New Zealand) is in receipt of a pension from the Government of that country in respect of the member’s death or disablement, the Board may, in its discretion, accept the death or disablement as attributable to the member’s service in those forces.”

(2)

Section forty-seven of the principal Act is hereby further amended by omitting from subsection three the words “any of His Majesty’s Forces established else-where than in New Zealand”, and substituting the words “any forces established in any country of the Commonwealth (other than New Zealand)”.

14 Allowable income of claimants for economic pensions.

Section fifty of the principal Act is hereby amended by repealing the proviso to subsection two, and substituting the following proviso:—

“Provided that the Board shall take no account of any personal earnings and other income of the claimant and his wife or her husband up to thirty shillings a week.’’

15 Amending provisions as to qualifications of claimants for war veterans’ allowances. 1940, No. 24

Section sixty-one of the principal Act is hereby amended by repealing subsection one, and substituting the following subsections:—

“(1)

Subject to the provisions of this Part of this Act, allowances shall be payable thereunder to or on account of—

“(a)

Any veteran who satisfies the War Pensions Board that he is unfit for permanent employment by reason of physical or mental infirmity, and that he has resided continuously in New Zealand during the five years immediately preceding the date of his claim for an allowance or, if he has not so resided in New Zealand, that his absences from New Zealand during the five years immediately preceding the date of his claim have not in the aggregate exceeded six months increased by one month for every year of his actual residence in New Zealand in excess of five years:

“Provided that for the purposes of this paragraph residence in New Zealand shall not be deemed to be interrupted by absence therefrom while serving as a member of any Forces established in any country of the Commonwealth:

“(b)

The wife of any such veteran.

“(1A)

Notwithstanding anything in the last preceding subsection, no allowance shall be payable under this Part of this Act—

“(a)

To or on account of any person who is in receipt of an economic pension under Part III of this Act; or

“(b)

To or on account of any person who is in receipt of a pension or allowance under Part II or Part IV of this Act or under the War Pensions and Allowances (Mercantile Marine) Act 1940 as the wife of a disabled member of the Forces or of any other Commonwealth Forces or of the Emergency Reserve Corps or as the wife of a disabled or detained member of the New Zealand mercantile marine; or

“(c)

On account of the wife of a veteran who is in receipt of an allowance under this Part of this Act in her own right.”

16 Separated husbands and wives may be regarded as unmarried persons. 1945, No. 12

Section sixty-two of the principal Act (as amended by subsection two of section two of the War Pensions Amendment Act 1945) is hereby further amended by adding the following subsection:—

“(2)

For the purpose of computing any allowance under the foregoing provisions of this section, a veteran who is living apart from his wife or her husband, as the case may be, may, in the discretion of the Board, be regarded as an unmarried person.”

17 Board may authorize payment to veteran maintained in public institution.

Section sixty-five of the principal Act is hereby amended by inserting in subsection two, after the words “on behalf of”, the words “the veteran or”.

18 Disablement pensions and war widows’ pensions to be disregarded in computing war veterans’ allowances. 1940, No. 24

In determining for the purposes of section sixty-two of the principal Act the income of any person, the War Pensions Board shall take no account of any pension under Part II or Part IV of that Act or under the War Pensions and Allowances (Mercantile Marine) Act 1940 received by that person in respect of his own disablement or of any pension, other than a mother’s allowance, under Part II or Part IV of the principal Act or under the War Pensions and Allowances (Mercantile Marine) Act 1940 received by the widow of a deceased member of the Forces or of any other Commonwealth Forces or of the Emergency Reserve Corps or of the New Zealand mercantile marine in respect of the death of that member.

19 Persons receiving superannuation benefits under the Social Security Act 1938 not to receive certain war pensions and allowances. 1938, No. 7; reprinted, 1948, Vol. II, p. 1251

(1)

Except as provided in this section, no person shall be entitled, while in receipt of a superannuation benefit under the Social Security Act 1938, to receive a pension under Part II or Part IV of the principal Act as the wife of a disabled member of the Forces or of any other Commonwealth Forces or of the Emergency Reserve Corps, or an economic pension under Part III of the principal Act, or a war veteran’s allowance under Part V of that Act.

(2)

Notwithstanding anything in subsection one of this section, where any person was, at the date of the commencement of this Act or at any time between that date and the date of the passing of this Act, in receipt of a superannuation benefit under the Social Security Act 1938, and also of any pension or allowance specified in subsection one of this section, the Board may continue that pension or allowance at such rate as the Board thinks fit, but so that in no case shall the aggregate of the rates of the pension or allowance and the superannuation benefit exceed by more than thirty-seven pounds ten shillings a year the maximum rate of that pension or allowance under the principal Act as amended by this Act:

Provided that, if any person to whom this subsection applies surrenders his right to receive a superannuation benefit, the Board may increase the rate of the pension or allowance by the rate of the superannuation benefit surrendered, notwithstanding that the maximum rate of the pension or allowance under the principal Act as amended by this Act may thereby be exceeded.

(3)

For the purposes of subsection two of this section, any person who, after the passing of this Act, is granted a superannuation benefit to commence from a day before the passing of this Act shall be deemed to have been in receipt of that benefit immediately before the passing of this Act.

20 Supplementary allowance where war veteran or his wife has attained sixty-five years.

Where any person in receipt of a war veteran’s allowance under Part V of the principal Act or the wife of any such person has attained the age of sixty-five years, the War Pensions Board may, in its discretion, grant a supplementary allowance to the veteran or his wife of an amount not exceeding—

(a)

Seventy-eight pounds a year, where the veteran and his wife have both attained the age of sixty-five years; or

(b)

Thirty-nine pounds a year in any other case:

Provided that a supplementary allowance shall not be granted under this section of such an amount that the total amount from all sources (excluding any allowance under Part V of the principal Act computed in accordance with section sixty-two of that Act) received by the veteran and his wife (if any) in any year shall exceed the sum of seventy-eight pounds.

21 Special provisions affecting rates of pensions. 1940, No. 24 1938, No. 7; reprinted, 1948, Vol. II, p. 1251

(1)

In this section—

“Analogous New Zealand pension” means a pension or other periodical allowance under the principal Act, the War Pensions and Allowances (Mercantile Marine) Act 1940, or the Social Security Act 1938 that is deemed by the Board to be analogous to an overseas pension:

“Overseas pension” means a pension or other periodical allowance granted elsewhere than in New Zealand.

(2)

Notwithstanding anything to the contrary in the principal Act where any person entitled to receive a pension or allowance under the principal Act or the wife or husband of any such person is for the time being in receipt of an overseas pension, the Board may grant the pension or allowance at such rate as it thinks fit, but so that the aggregate of the rates of that pension or allowance and of the overseas pension (or of so much thereof as is equivalent to the analogous New Zealand pension) shall not exceed the aggregate of the rates of pension or allowance that could be granted if he or she were in receipt of the analogous New Zealand pension.

Schedule

“FIRST SCHEDULE “Rates of Pensions in Respect of Death of Male Member of Forces

(First Column.)	(Second Column.)			(Third Column.)			(Fourth, Column.)
Rank or Rating.	To the Wife in Every Case, Per Week.			To the Wife With a Dependent Child or Children, Per Week (Additional Mother’s Allowance).			To Each Child, Per Week.
	£	s.	d.	£	s.	d.	s.	d.
All ranks and ratings below commissioned rank (Army, Navy, and Air Force)	2	10	0	2	0	0	10	0
Commissioned officer not above the rank of Lieutenant (Army); Sub-Lieutenant (Navy); Pilot Officer (Air Force)	2	15	0	2	0	0	10	0
Captain (Army); Lieutenant (Navy); Flying Officer, Flight Lieutenant (Air Force)	3	0	0	2	0	0	10	0
Major (Army); Lieutenant-Commander (Navy); Squadron Leader (Air Force)	3	7	0	2	0	0	10	0
Lieutenant – Colonel (Army); Commander (Navy); Wing Commander (Air Force)	3	16	0	2	0	0	10	0
Colonel (Army); Captain (Navy); Group Captain (Air Force)	3	18	0	2	0	0	10	0
Brigadier, Brigadier-General, Major-General, Lieutenant - General (Army); Commodores, first and second class, Rear-Admiral (Navy); Air Commodore, Air Vice-Marshal, Air Marshal (Air Force)	4	0	0	2	0	0	10	0

“THIRD SCHEDULE “Rates of Pensions in Respect of Total Disablement of Male Member of Forces

(First Column.)	(Second Column.)			(Third Column.)			(Fourth, Column.)
Rank or Rating.	To the Member, Per Week.			To the Wife, Per Week (Additional Mother’s Allowance).			To Each Child, Per Week.
	£	s.	d.	£	s.	d.	s.	d.
Major (Army); Lieutenant - Commander (Navy); Squadron Leader (Air Force); and all ranks and ratings below	3	10	0	2	17	6	10	0
Lieutenant-Colonel (Army); Commander (Navy); Wing Commander (Air Force)	3	11	0	2	17	6	10	0
Colonel (Army); Captain (Navy); Group Captain (Air Force)	3	13	0	2	17	6	10	0
Brigadier, Brigadier-General, Major-General, Lieutenant-General (Army); Commodores, first and second class, Rear-Admiral (Navy); Air Commodore, Air Vice-Marshal, Air Marshal (Air Force)	3	15	0	2	17	6	10	0”

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War Pensions Amendment Act 1951