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New Zealand law explained for everyone

Social Security Act 2018

Factors affecting benefits - Factors affecting benefits - Factors reducing benefits: entitlement to overseas pensions

187: Interpretation

You could also call this:

“Explaining what words mean in benefit and overseas pension rules”

In this part of the law, you’ll learn about some important terms used when talking about benefits and overseas pensions in New Zealand.

‘NZ benefits legislation’ means the laws that deal with benefits in New Zealand. This includes the Social Security Act 2018, part of the New Zealand Superannuation and Retirement Income Act 2001, and part of the Veterans’ Support Act 2014.

An ‘overseas pension’ is money you get from another country that’s similar to a benefit you might get in New Zealand. It’s not just any money from overseas, though. The government decides if it counts as an overseas pension. Here’s what makes something an overseas pension:

It comes from outside New Zealand. The government thinks it’s part of a program that gives money for the same reasons New Zealand does, like if you’re old or can’t work. The country’s government runs this program or has someone run it for them.

It’s not a pension you got from working for another country’s government. It’s not money you’d get if you were hurt or killed, like ACC in New Zealand. It’s not a war pension that wouldn’t affect your New Zealand benefit. It’s not extra money for a disability.

Also, it can’t be money that you, your partner, or your parent chose to pay extra for. The government decides this too.

Understanding these terms helps figure out how overseas money might change the benefits you can get in New Zealand.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783495.

Topics:
Money and consumer rights > Savings and retirement
Government and voting > Government departments
Immigration and citizenship > Visas
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186: Benefit may be subject to repayment of insurance payment, or

“You might need to pay back some insurance money before getting a benefit”

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188: Persons affected by receipt of overseas pension, or

“How overseas pensions can change your New Zealand benefits”

Part 4 Factors affecting benefits
Factors affecting benefits: Factors reducing benefits: entitlement to overseas pensions

187Interpretation

  1. In this section and in sections 188 to 190,—

    NZ benefits legislation means all or any of the following enactments:

    1. this Act:
      1. Part 1 of the New Zealand Superannuation and Retirement Income Act 2001:
        1. Part 6 of the Veterans’ Support Act 2014

          overseas pension means a benefit, pension, or periodical allowance, or any part of it, that—

          1. is granted elsewhere than in New Zealand; and
            1. is determined by MSD to be a payment that is part of a programme that—
              1. provides benefits, pensions, or periodical allowances for any of the contingencies for which benefits, pensions, or allowances may be paid under NZ benefits legislation; and
                1. is administered by or on behalf of the Government of the country from which the benefit, pension, or periodical allowance is received; and
                2. is not a Government occupational pension (as defined in Schedule 2); and
                  1. is not determined by MSD to be in the nature of, and paid for similar purposes as,—
                    1. compensation for injury or death for which payment could be made under the Accident Compensation Act 2001 if the injury or death had occurred in New Zealand after the commencement of that Act; or
                      1. a war pension or allowance granted under the Veterans’ Support Act 2014 of a type that would not affect any recipient’s entitlement to a benefit under sections 18 and 199 to 201 of this Act unless the pension or allowance is a pension or payment granted under Part 6 of the Veterans’ Support Act 2014; or
                        1. a disability allowance; and
                        2. is not determined by MSD to be attributable to any voluntary contributions made by or on behalf of the person to whom it is granted or the person’s spouse, partner, or parent.

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                        Notes
                        • Section 187 overseas pension paragraph (e): inserted, on , by section 38 of the New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 (2020 No 36).