Section Sch1-55 — Social Security Act 2018: Reciprocity agreement applicants for, or recipients of, certain DPBs for solo parents or widows’ benefits

55 Reciprocity agreement applicants for, or recipients of, certain DPBs for solo parents or widows’ benefits Reciprocity agreement applicants may be granted former benefit as if it had not been abolished (1) This subclause applies to a widow or widower who, immediately before 15 July 2013, was ordinarily resident in New Zealand or an overseas country and had made an application pursuant to an agreement or convention given effect in relation to New Zealand by an Order in Council made pursuant to section 19 of the Social Welfare (Transitional Provisions) Act 1990 for, and had entitlement to, but had not yet in response to the application been granted,— (a) a widow’s benefit under section 21 of the Social Security Act 1964; or (b) a domestic purposes benefit under section 27B of the Social Security Act 1964 for an applicant (as defined in section 27B(1)(f) of that Act). (2) A widow or widower to whom subclause (1) applies may be granted the benefit in subclause (1)(a) or (b) (as the case requires) as if that benefit had not been abolished (by clause 2(1) of Schedule 32 of the Social Security Act 1964) and as if the provisions on that benefit had not been repealed, and if granted to the widow or widower that benefit commences as it would have done had those provisions not been repealed, and continues so long as— (a) the widow or widower continues to meet the conditions of entitlement to that benefit in those provisions; and (b) the agreement or convention, or any replacement agreement or convention, continues in force in relation to New Zealand; and (c) the widow or widower continues to be ordinarily resident in New Zealand or the overseas country to which that agreement or convention applies. Reciprocity agreement recipients’ entitlement continues as if former benefits not abolished (3) This subclause applies to a person who, immediately before 15 July 2013, was ordinarily resident in an overseas country and was receiving, or was granted and entitled to receive, pursuant to an agreement or a convention given effect in relation to New Zealand by an Order in Council made pursuant to section 19 of the Social Welfare (Transitional Provisions) Act 1990,— (a) a widow’s benefit under section 21 of the Social Security Act 1964; or (b) a domestic purposes benefit under section 27B of the Social Security Act 1964 for an applicant (as defined in section 27B(1)(f) of that Act). (4) Subclause (3) applies to a person even if the benefit in subclause (3)(a) or (b) was, immediately before 15 July 2013, 100% reduced or suspended under section 117 or another provision of the Social Security Act 1964, but in that case no benefit of the person that is continued by subclause (5) commences until the suspension or reduction would have ended, or the benefit in subclause (3)(a) or (b) would otherwise have become payable again. (5) A person to whom subclause (3) applies is, subject to subclause (4) and to a review under subpart 3 of Part 6, entitled to the benefit in subclause (3)(a) or (b) (as the case requires) as if that benefit had not been abolished and as if the provisions on that benefit had not been repealed, and that benefit continues so long as— (a) the person continues to meet the conditions of entitlement to that benefit in those provisions; and (b) the agreement or convention, or any replacement agreement or convention, continues in force in relation to New Zealand; and (c) the person continues to be ordinarily resident in New Zealand or the overseas country to which that agreement or convention applies. Alteration, and annual CPI adjustment, of rates of saved former benefits (6) Sections 452 and 453 authorise amendments and require adjustments to Parts 11 and 12 of Schedule 4.