- 1
- In determining whether a person meets the residential qualifications for a benefit specified in the legislation of New Zealand, the institution of New Zealand shall:
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- a)in the case of New Zealand superannuation or a veteran's pension, for a person who is over the age of 65 years, deem a Netherlands period of insurance accumulated by that person after attaining the age of 20 years to be a period during which that person was both resident and present in New Zealand, but only periods of insurance relating to periods over the age of 50 years shall be taken into account to meet the residential requirements for New Zealand superannuation which state that a person must be resident in New Zealand for 5 years over age 50;
- b)in the case of any other benefit, deem a Netherlands period of insurance accumulated by that person after attaining the age of 20 years to be a period during which that person was both resident and present in New Zealand.
- 2
- For purposes of paragraph 1, if a period of residence in New Zealand and a Netherlands period of insurance coincide, the period of coincidence shall be taken into account only once as a period of residence in New Zealand.
- 3
- In determining whether a person who is ordinarily resident in New Zealand or the Netherlands is entitled to receive a widows benefit or a domestic purposes benefit paid to a widower, a dependent child of that person born in the Netherlands shall be treated as though that child was born in New Zealand provided that:
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- a)in the case of a widow, the child was conceived before the death of the person's last deceased spouse; and
- b)the case of a widower, the child was born before the death of the person's last deceased spouse.
- 4
- In determining whether a widow who is ordinarily resident in New Zealand or the Netherlands is entitled to receive a widow's benefit:
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- a)that widow shall be deemed to have accumulated a period of New Zealand residence for any period during which her last deceased spouse accumulated a period of insurance under Netherlands social security laws;
- b)any period during which that widow and her last deceased spouse both accumulated a Netherlands period of insurance under the Netherlands social security laws shall be taken into account once only; and
- c)a Netherlands period of insurance accumulated under the Netherlands social security laws by that widow's last deceased spouse shall be deemed to be a period during which that spouse was ordinarily resident in New Zealand for the purposes of determining the ordinary residence of that spouse; and
- d)if the death of the last deceased spouse of a widow occurs in the Netherlands, he shall be deemed to have died in New Zealand.
