Section 70. Rate of benefits if overseas pension payable

70

Rate of benefits if overseas pension payable

(1)

For the purposes of this Act, if-

(a)

any person qualified to receive a benefit under this Act or under the Social Welfare (Transitional Provisions) Act 1990 or Part 6 of the War Pensions Act 1954 or under the New Zealand Superannuation and Retirement Income Act 2001 is entitled to receive or receives, in respect of that person or of that person's spouse or partner or of that person's dependants, or if that person's spouse or partner or any of that person's dependants is entitled to receive or receives, a benefit, pension, or periodical allowance granted elsewhere than in New Zealand; and

(b)

the benefit, pension, or periodical allowance, or any part of it, is in the nature of a payment which, in the opinion of the chief executive, forms part of a programme providing benefits, pensions, or periodical allowances for any of the contingencies for which benefits, pensions, or allowances may be paid under this Act or under the Social Welfare (Transitional Provisions) Act 1990 or under the New Zealand Superannuation and Retirement Income Act 2001 or under the War Pensions Act 1954 which is administered by or on behalf of the Government of the country from which the benefit, pension, or periodical allowance is received-

the rate of the benefit or benefits that would otherwise be payable under this Act or under the Social Welfare (Transitional Provisions) Act 1990 or Part 6 of the War Pensions Act 1954 or under the New Zealand Superannuation and Retirement Income Act 2001 shall, subject to subsection (3), be reduced by the amount of such overseas benefit, pension, or periodical allowance, or part thereof, as the case may be, being an amount determined by the chief executive in accordance with regulations made under this Act:

Provided that if the chief executive determines that the overseas benefit, pension, or periodical allowance, or any part of it, is in the nature of, and is paid for similar purposes as,-

(a)

compensation for injury or death for which payment could be made under the Injury Prevention, Rehabilitation, and Compensation Act 2001 if the injury or death had occurred in New Zealand after the commencement of that Act; or

(b)

a war pension or allowance granted under the War Pensions Act 1954 of a type which would not affect any recipient's entitlement to a benefit in accordance with section 72 unless the pension or allowance is a pension or payment granted under Part 6 of the War Pensions Act 1954; or

(c)

a disability allowance granted under this Act-

such overseas benefit, pension, or periodical allowance, or part of it, as the case may be, shall be treated as if it were in fact such compensation, war pension or allowance, or disability allowance.

(2)

Nothing in subsection (1) shall preclude the chief executive from deciding the date on which the chief executive's determination under paragraph (b) of, or the proviso to, the said subsection (1) shall take effect, which date may be a date before, on, or after the date of such determination.

(3)

In any case where paragraph (a) and paragraph (b) of subsection (1) apply and the proviso to subsection (1) does not apply, the chief executive may-

(a)

make an arrangement with an overseas pensioner, in accordance with any regulations made under section 132C, to pay to the overseas pensioner the rate of the benefit or benefits that is payable under this Act or the Social Welfare (Transitional Provisions) Act 1990 or Part 6 of the War Pensions Act 1954 or under the New Zealand Superannuation and Retirement Income Act 2001 and to receive from the overseas pensioner an amount equivalent to the amount of the overseas pension that the overseas pensioner receives, if-

(i)

the overseas pensioner agrees to make such an arrangement; and

(ii)

the overseas pensioner has not previously made such an arrangement and voluntarily terminated it; and

(iii)

the chief executive has not previously ceased to make payments under paragraph (b) because of the overseas pensioner's failure to comply with such an arrangement; and

(b)

pay to the overseas pensioner, in accordance with an arrangement made under paragraph (a), the rate of the benefit or benefits that is payable under this Act or the Social Welfare (Transitional Provisions) Act 1990 or Part 6 of the War Pensions Act 1954 or under the New Zealand Superannuation and Retirement Income Act 2001, if the chief executive receives from the overseas pensioner, in accordance with the arrangement, an amount equivalent to the amount of the overseas pension that the overseas pensioner receives.

(3A)

The chief executive may from time to time, on behalf of the Crown, enter into contracts with 1 or more registered banks for the purpose of implementing arrangements under subsection (3)(a).

(3B)

No money in a bank account maintained, in accordance with regulations made under section 132C, to implement an arrangement under subsection (3)(a) can-

(a)

be attached or taken in execution under any order or process of any court:

(b)

be made the subject of any set-off, charge, or assignment:

(c)

be claimed or deducted under any notice or other instrument issued under any enactment (other than under regulations made under section 132C).

(3C)

If the benefit referred to in an arrangement made under subsection (3)(a) is New Zealand superannuation, the chief executive must pay any amount received from the overseas pensioner under the arrangement into the New Zealand Superannuation Fund established under the New Zealand Superannuation and Retirement Income Act 2001, in accordance with arrangements made from time to time by the chief executive with the Guardians of New Zealand Superannuation.

(4)

For the purposes of this Act and section CW 23 of the Income Tax Act 2004, a payment under subsection (3)(b) shall, in respect of the period to which the payment relates, be deemed to be payment of-

(a)

the benefit or benefits that are payable to that overseas pensioner in that period under this Act or the Social Welfare (Transitional Provisions) Act 1990 or Part 6 of the War Pensions Act 1954 or under the New Zealand Superannuation and Retirement Income Act 2001, at the rate at which that benefit or those benefits are so payable but reduced in accordance with subsection (1); and

(b)

the amount of the overseas pension that that overseas pensioner is entitled to receive or has received in that period.

(5)

Subsections (3) and (4) shall come into force on a date to be appointed by the Governor-General by Order in Council.