- 1
- If a person would be entitled to receive a benefit under the legislation of New Zealand (including a person who would be entitled under Article 7) except that he or she is not ordinarily resident in New Zealand on the date of application for that benefit, that person shall be deemed, for the purposes of that application, to be ordinarily resident in New Zealand on that date, provided that he or she:
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- a)is ordinarily resident in the Netherlands, and present either in the Netherlands or New Zealand, on that date;
- b)has the intention of remaining ordinarily resident in the Netherlands for at least 26 weeks; and
- c)has resided in New Zealand at any time in his or her life for a continuous period of at least 12 months since attaining the age of 20 years.
- 2
- Subject to this Agreement, if a person is entitled to receive a benefit under the legislation of New Zealand (including a person who is entitled under paragraph 1, or under Article 7, or both) but payment of that benefit is conditional on presence in New Zealand, that person shall be deemed, for the purpose of the payment of that benefit, to be present in New Zealand, provided that he or she:
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- a)is ordinarily resident in the Netherlands, and present either in the Netherlands or New Zealand and;
- b)has resided in New Zealand at any time in his or her life for a continuous period of at least 12 months since attaining the age of 20 years.
- 3
- For the purposes of this Part:
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- a)if a person who is ordinarily resident in the Netherlands is temporarily absent from the Netherlands for a period which does not exceed 26 weeks, the period of temporary absence from the Netherlands shall not be considered as interrupting that person's ordinary residence in the Netherlands;
- b)if a person who has been ordinarily resident in the Netherlands is absent from the Netherlands for a period which exceeds 26 weeks, that person shall cease to be considered ordinarily resident in the Netherlands on the date of his or her departure from the Netherlands; and
- c)if a person leaves New Zealand with the intention of becoming ordinarily resident in the Netherlands for at least 26 weeks, and if that person begins to be ordinarily resident in the Netherlands within 26 weeks of his or her departure from New Zealand, that person shall be deemed to have become ordinarily resident in the Netherlands on the date of his or her departure from New Zealand.
- 4
- If a person who is ordinarily resident in the Netherlands reaches the age of entitlement to New Zealand superannuation or a veteran's pension, that person shall not be entitled to receive, or shall no longer be entitled to receive, as the case may be, an invalids benefit, widows benefit or domestic purposes benefit paid to a widower, if that person is qualified to receive New Zealand superannuation or a veteran's pension.
- 5
- For the purposes of this Agreement, a person who has not reached the age of entitlement for New Zealand superannuation shall not be entitled to receive New Zealand superannuation or a veteran's pension by virtue of the fact that his or her spouse is in receipt of New Zealand superannuation or a veteran's pension.
