Plain language law

New Zealand law explained for everyone

Social Security Act 2018

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

189: Benefit of person affected is reduced by amount of overseas pension

You could also call this:

“Your NZ benefit might be less if you get money from another country”

If you get money from another country, like a pension, it might change how much benefit you can get in New Zealand. The government will look at how much you get from overseas and might lower your New Zealand benefit by that amount.

But there are some times when your New Zealand Superannuation or veteran’s pension won’t be reduced:

If you’re getting New Zealand Superannuation or a veteran’s pension while living in another country, the overseas money won’t affect it.

If you or your partner get money from overseas for each other, it won’t change your New Zealand Superannuation, veteran’s pension, or winter energy payment.

If you or your dependants (like your children) get money from overseas, it won’t affect your New Zealand Superannuation, veteran’s pension, or winter energy payment.

A winter energy payment is extra money you might get in winter if you’re getting New Zealand Superannuation or a veteran’s pension.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783504.

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188: Persons affected by receipt of overseas pension, or

“How overseas pensions can change your New Zealand benefits”

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

189Benefit of person affected is reduced by amount of overseas pension

  1. The rate of the benefit or benefits that would otherwise be payable under the NZ benefits legislation to a person affected by the receipt of an overseas pension must be reduced by the amount of the overseas pension as determined by MSD under regulations made under section 434.

  2. The rate of New Zealand superannuation or a veteran’s pension that a person is qualified to receive must not be reduced under this section by any amount of an overseas pension if the New Zealand superannuation or veteran’s pension is payable to the person overseas under section 26 of the New Zealand Superannuation and Retirement Income Act 2001 or section 182 of the Veterans’ Support Act 2014.

  3. The rate of New Zealand superannuation or a veteran’s pension, or related winter energy payment, that a person is qualified to receive must not be reduced under this section by any amount of an overseas pension that—

  4. the person is entitled to receive or receives in respect of the person’s spouse or partner (as referred to in section 188(a)(ii)); or
    1. the person’s spouse or partner is entitled to receive or receives (as referred to in section 188(b)).

      1. See clause 82 of Schedule 1 in relation to the application of subsection (3) to persons who are qualified to receive New Zealand superannuation or a veteran’s pension at certain grandparented rates.

      2. The rate of New Zealand superannuation or a veteran’s pension, or related winter energy payment, that a person is qualified to receive must not be reduced under this section by any amount of an overseas pension that—

      3. the person is entitled to receive or receives in respect of any of the person’s dependants (as referred to in section 188(a)(iii)); or
        1. any of the person’s dependants is entitled to receive or receives (as referred to in section 188(c)).

          1. In this section, a person is qualified to receive a related winter energy payment if the person is entitled to receive a winter energy payment under section 72 because New Zealand superannuation or a veteran’s pension is payable to the person.

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          Notes
          • Section 189(2): replaced, on , by section 39 of the New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 (2020 No 36).
          • Section 189(3): inserted, on , by section 39 of the New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 (2020 No 36).
          • Section 189(4): inserted, on , by section 39 of the New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 (2020 No 36).
          • Section 189(5): inserted, on , by section 39 of the New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 (2020 No 36).
          • Section 189(6): inserted, on , by section 39 of the New Zealand Superannuation and Veteran’s Pension Legislation Amendment Act 2020 (2020 No 36).