These regulations, which come into force on 26 March 2021, amend the KiwiSaver Regulations 2006.

The KiwiSaver scheme rules (the rules) allow a person to apply for early withdrawal of their savings under certain circumstances. This includes when the person has had, since birth, a condition that is likely to reduce the life expectancy for persons in general with the condition to below the New Zealand superannuation age (65 years) (a life-shortening congenital condition).

A person with a life-shortening congenital condition has 2 options for withdrawal, as follows:

• withdrawal under clause 12B(1)(a) of the rules for a condition identified as a life-shortening congenital condition by a regulation (a listed condition):

• for conditions that are not listed, withdrawal under clause 12B(1)(b) of the rules, which requires the person to supply a medical certificate that verifies that the condition is a life-shortening congenital condition.

The regulations identify the listed conditions for the purposes of clause 12B(1)(a) of the rules. A person with a listed condition will no longer have to supply a medical certificate verifying that the condition is a life-shortening congenital condition.

The regulations also amend the annual return forms for KiwiSaver schemes in Schedule 1 of the KiwiSaver Regulations 2006. As amended, the annual return forms now require KiwiSaver scheme managers to include information about withdrawals made for life-shortening congenital conditions during the relevant 12-month period.