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

191: Treatment of certain overseas benefits, pensions, and allowances that are not overseas pensions

You could also call this:

“How the government handles certain money you get from other countries”

This law is about how the government treats certain money you might get from other countries. If you receive a benefit, pension, or allowance from another country, here’s what you need to know:

The government will look at this money if it’s given by or for another country’s government. They’ll check if it’s like something you could get in New Zealand for similar reasons.

There are three types of payments they’re interested in:

First, if it’s like money you’d get in New Zealand if you were hurt or died in an accident. Second, if it’s like a war pension or allowance that New Zealand gives to veterans, but not the kind that would stop you from getting other benefits. Third, if it’s like what New Zealand calls a disability allowance.

If your overseas payment is like any of these, the government will treat it as if you got it from New Zealand. This might affect other benefits you get.

Remember, the government decides if your overseas payment fits into these categories. They’ll use this decision when they work out what benefits you can get in New Zealand.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6959006.

Topics:
Money and consumer rights > Banking and loans
Government and voting > Government departments
Health and wellbeing > Healthcare services
Previous

190: MSD may enter into arrangement with person affected by receipt of overseas pension, or

“MSD can make a deal with you if you get a pension from another country”

Next

192: MSD must reduce rates of benefits for sole parents for failure to assist child support, or

“Old rule about lowering solo parents' benefits for not helping with child support is gone”

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

191Treatment of certain overseas benefits, pensions, and allowances that are not overseas pensions

  1. This section applies to a benefit, pension, or periodical allowance, or any part of it, that—

  2. is granted elsewhere than in New Zealand; 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
      1. is 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.

            2. MSD must treat a benefit, pension, or periodical allowance, or any part of it, to which this section applies as if it were in fact the relevant compensation, pension, or allowance specified in subsection (1)(c) (see, for example, sections 18, 87, and 199 to 201).

            Compare