Section Sch1-68 — Injury Prevention, Rehabilitation, and Compensation Act 2001: Relationship between surviving spouse's or partner's weekly compensation and New Zealand superannuation

68 Relationship between surviving spouse's or partner's weekly compensation and New Zealand superannuation (1) Subclause (2) applies to a surviving spouse or partner who— (a) is entitled to weekly compensation immediately before reaching New Zealand superannuation qualification age; and (b) has been entitled to it for 12 months or longer before reaching that age. (2) Such a surviving spouse or partner is entitled to the weekly compensation if he or she makes an election to be entitled to it, rather than to New Zealand superannuation. (3) Subclauses (4) and (5) apply to a surviving spouse or partner who becomes entitled to weekly compensation— (a) within 12 months before reaching New Zealand superannuation qualification age; or (b) on or after reaching New Zealand superannuation qualification age. (4) Such a surviving spouse or partner is entitled to the weekly compensation for a period of 12 months following the later of— (a) the date of reaching New Zealand superannuation qualification age; or (b) the date of entitlement to weekly compensation. (5) The surviving spouse or partner then continues to be entitled to the weekly compensation if he or she makes an election to be entitled to it, rather than to New Zealand superannuation. (6) Nothing in this clause entitles a surviving spouse or partner to weekly compensation if he or she is not otherwise entitled to it under this schedule. Compare: 1998 No 114 Schedule 1 cl 68 The heading to clause 68 was amended, as from 26 April 2005, by section 8(3) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12) by inserting the words “ or partner's ” after the word “ spouse's ” . Clause 68 was amended, as from 26 April 2005, by section 8(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12) by inserting the words “ or partner ” after the word “ spouse ” wherever it appeared.