War Pensions Amendment Act 2001

1: Title
1: This Act is the War Pensions Amendment Act 2001.
2: In this Act, the War Pensions Act 1954 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
1: Section 2(1) dependant member of the family dependant
a: any person who is wholly or primarily dependent on the member for financial support and who ordinarily resides with the member and who—
i: is related to the member or is within any class of persons specified as dependent persons in guidelines issued by the Secretary; and
ii: is within any class of persons specified as financially dependent persons in guidelines issued by the Secretary:
b: any person who is under the care of that member as a consequence of that person's inability to live independently of the member for reasons of—
i: disability; or
ii: illness; or
iii: advanced age member of the family
a: any person who is related to the member:
b: any person who belongs to the same whanau or other culturally recognised family group:
c: any person within a class of persons specified as members of a family in guidelines issued by the Secretary .
2: Section 2(1) member of the forces partner relationship spouse .
4: Appeals to Social Security Appeal Authority
Section 16A(1)(b) 76 to 78 and
5: General provisions as to grounds for payment of pensions
Section 19(3) wife spouse or partner
6: Amendment to heading before
section 32 The heading before section 32 surviving spouses or surviving partners
7: Maximum rates of surviving spouses' pensions
1: The heading to section 32 surviving spouses and surviving partners
2: Section 32(1) (2) surviving spouse or surviving partner
8: Rate of pension for surviving spouse who is a bona fide resident of New Zealand
1: The heading to section 33 surviving spouse or surviving partner
2: Section 33 surviving spouse or surviving partner
9: New
sections 34 to 35A The principal Act is amended by repealing sections 34 to 35A
34: Surviving spouse or surviving partner not entitled to pension in certain cases
Despite anything to the contrary in this Act, the surviving spouse or surviving partner of a member of the forces is not entitled to a pension in respect of the member's death if—
a: the death of the member occurred within 1 year after the marriage or, as the case may require, the date of commencement of the relationship; and
b: at the date of the marriage or, as the case may require, the date of commencement of the relationship, the member had not, in the opinion of the Secretary, a reasonable expectation of surviving for at least 1 year.
35: Pensions to surviving spouses or surviving partners to cease on remarriage or commencement of new relationship
1: A pension payable to the surviving spouse or surviving partner of a member of the forces must cease on his or her remarriage or, as the case may require, on the commencement of a new relationship by him or her.
2: Despite anything to the contrary in subsection (1)
a: continue the pension at any rate, not exceeding the maximum rate of pension payable to a surviving spouse or surviving partner, and for any period, not exceeding 2 years, that the Secretary thinks fit:
b: review, at any time, a pension continued under paragraph (a)
3: In any case to which subsection (2)
4: For the purposes of this Act and any other enactment, a pension payable to a person under subsection (2)
5: For the purposes of this section, a new relationship section 2(1)
35A: Reinstatement of surviving spouse's or surviving partner's pension
1: Despite anything in section 35
2: The rate of any pension reinstated under subsection (1) Fourth Schedule of this Act section 32
10: Child not entitled to pension in certain cases
Section 37
a: by omitting the word mother parent
b: by omitting the word widow surviving spouse or surviving partner
c: omitting the word his the member's
11: Increased pensions for children in certain cases
Section 40(b) mother parent
12: Children whose parents are not married
Section 41
13: Duration of pensions for children
Section 43 subsection (3)
14: New
section 44 The principal Act is amended by repealing section 44
44: Maximum rates of pensions for dependants other than spouses, partners, and children
The rates of pension payable to any dependant of a disabled or deceased member of the forces (other than his or her spouse, partner, or child) must not exceed the maximum rate of pension prescribed for the spouse or partner, as the case may be, of a member of the same rank or rating.
15: Pensions to unmarried females to cease on marriage
Section 45
16: Economic position of dependant to be considered in determining rate of pension
Section 46(1) wife or widow spouse or partner, or surviving spouse or surviving partner,
17: Increased pensions to wife and children of member in receipt of economic pension
1: The heading to section 47 wife spouse or partner
2: Section 47 wife spouse or partner
18: Pension to surviving spouse or child of deceased member whose death not attributable to service
1: The heading to section 48 surviving spouse , surviving partner,
2: Section 48 surviving spouse , surviving partner,
19: Pension for guardians of motherless children
1: The heading to section 51 motherless parentless
2: Section 51
a: by omitting from subsection (1) the word woman person
b: by omitting from subsection (1) the word she he or she
c: by omitting from subsection (2) the word wife spouse or partner
20: Pensions for other persons
Section 52(2) wife or widow spouse or partner, or surviving spouse or surviving partner
21: Service as member of other Commonwealth forces
Section 56(5) widow surviving spouse, surviving partner,
22: Pensions for members of mercantile marine and their dependants in respect of disablement or death resulting from Second World War
Section 62(3) wife spouse or partner
23: Service as member of other Commonwealth mercantile marine
Section 63(5) wife spouse or partner
24: Pensions for members of Emergency Reserve Corps and their dependants in respect of disablement or death attributable to their service
Section 65(3) wife spouse or partner
25: Wives and children of Maoris
Section 76
26: Conjugal status for purposes of pension or allowance
Section 77 paragraphs (a) (b)
27: Sick benefits received from friendly society
Section 78A(1) husband or the wife spouse or the partner
28: Rates of pension where overseas pension payable
Section 81(2) wife or husband spouse or partner
29: Disposition of accrued pension unpaid at death
Section 85(2)(a)
a: by omitting the words widow or widower surviving spouse or surviving partner
b: by omitting the word widow surviving spouse or surviving partner
30: Refusal or reduction of pension in certain cases
Section 87A husband or wife spouse or partner
31: Pensions and allowances absolutely inalienable
Section 89(1) his wife the persons spouse or partner
32: Money payable out of Crown Bank Account
Section 94(2)(b) husband or wife spouse or partner
33: Repeals and savings
Section 97
5: The amendments made to the principal Act by the War Pensions Amendment Act 2001 do not confer any entitlement on any person in respect of any period before the commencement of the War Pensions Amendment Act 2001.
6: The amendments made to the principal Act by the War Pensions Amendment Act 2001 do not prevent any department from continuing to describe the pension known, before the commencement of the War Pensions Amendment Act 2001, as the surviving spouses pension
a: in official forms, computer programs, and other documents; or
b: for the purposes of assessment of eligibility and payment; or
c: for any other official purpose.
34: Amendments to
Schedule 4 Schedule 4
a: inserting in the heading to that schedule, after the words surviving spouses or surviving partners
b: inserting in items 1, 2, 4, and 6, after the words surviving spouse or surviving partner Amendments to War Pensions Regulations 1956
35: New
regulation 23 The War Pensions Regulations 1956 regulation 23
23: Pension determinable on remarriage or commencement of new relationship
1: If any pension payable to a person is determinable on his or her remarriage or on the commencement by him or her of a new relationship, the Secretary may, at any time before payment of any instalment of the pension, require him or her to make a declaration,—
a: in the case of a surviving spouse or surviving partner, that he or she has not remarried or commenced a new relationship:
b: in the case of any other person, that he or she is not married or in a relationship.
2: If a pension is payable to any person on account of, or in respect of, any child, the Secretary may, at any time before payment of any instalment of the pension, require the person claiming payment of the pension to make a declaration to the effect that the child is still alive and is being maintained by the claimant.
36: New
regulation 25 The War Pensions Regulations 1956 regulation 25
25: Conditions for economic pension
1: Before granting or renewing an economic pension, or at any time during the currency of an economic pension, the Secretary may require the claimant or pensioner to register for suitable employment with an employment bureau or other agency nominated by the Secretary.
2: Subclause (1)