New Zealand Superannuation and Retirement Income Act 2001

Effect of long-term residential care or hospitalisation

Heading: replaced, on 9 November 2020, by section 15 of the New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 (2020 No 36).

17 Entitlement to benefits for spouses or partners of persons in long-term residential care in hospital or rest home

(1)

This section applies to any person who is not in long-term residential care and whose spouse or partner is in long-term residential care in a hospital or rest home, whether or not the spouse or partner is a resident assessed as requiring care (as defined in section 5 of the Residential Care and Disability Support Services Act 2018).

(2)

Every person to whom this section applies is entitled to receive—

(a)

New Zealand superannuation at the appropriate rate payable to a person who is single, in any case where that person is entitled to receive New Zealand superannuation in his or her own right; or

(b)

New Zealand superannuation at the appropriate rate payable to a person who is single, in any case where—

(i)

that person is not entitled to New Zealand superannuation in his or her own right; but

(ii)

his or her spouse or partner is entitled to New Zealand superannuation and was entitled to make and had made an election under section 6(2) or section 11(2) of the Social Welfare (Transitional Provisions) Act 1990 before 1 October 1991; or

(c)

an emergency benefit under section 63 of the Social Security Act 2018 at the appropriate rate of a supported living payment payable to a person who is single or is single with 1 or more dependent children, as the case may be, in any other case.

(2A)

See section 89 of the Social Security Act 2018, under which a person to whom this section applies may be entitled to a special disability allowance for the purpose of assisting with expenses arising from the hospitalisation of the person’s spouse or partner.

(3)

Any benefit payable to a person to whom this section applies is not subject to abatement in respect of any income of the person that has been included in a means assessment of the person’s spouse under the Residential Care and Disability Support Services Act 2018.

(4)

This section applies despite anything to the contrary in this Act (except sections 19 and 21 to 35).

Compare: SR 1993/250 cl 3

Section 17 heading: amended, on 1 July 2006, by section 5(1) of the New Zealand Superannuation and Retirement Income Amendment Act 2006 (2006 No 31).

Section 17 heading: amended, on 26 April 2005, by section 3 of the New Zealand Superannuation Amendment Act 2005 (2005 No 17).

Section 17(1): replaced, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).

Section 17(2)(a): amended, on 26 April 2005, by section 3 of the New Zealand Superannuation Amendment Act 2005 (2005 No 17).

Section 17(2)(b): amended, on 26 April 2005, by section 3 of the New Zealand Superannuation Amendment Act 2005 (2005 No 17).

Section 17(2)(b)(ii): amended, on 26 April 2005, by section 3 of the New Zealand Superannuation Amendment Act 2005 (2005 No 17).

Section 17(2)(c): amended, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).

Section 17(2)(c): amended, on 15 July 2013, by section 97 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Section 17(2)(c): amended, on 26 April 2005, by section 3 of the New Zealand Superannuation Amendment Act 2005 (2005 No 17).

Section 17(2A): inserted, on 9 November 2020, by section 16(1) of the New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 (2020 No 36).

Section 17(3): substituted, on 1 July 2005, by section 12(2) of the Social Security (Long-term Residential Care) Amendment Act 2004 (2004 No 101).

Section 17(3): amended, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).

Section 17(4): inserted, on 9 November 2020, by section 16(2) of the New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 (2020 No 36).