July 2010

Welfare and Pensions Column

Surviving-spouse pension often overlooked

Some people are not claiming the surviving-spouse pension – because they don’t know the pension exists, because they don’t know it could apply to them, because they have received bad advice.

The pension is available to men and women whose spouse or partner has died while on specified service, or was receiving a war disablement pension of at least 70% at the time of death (or could have been at that level), or whose death was attributable to service. These payments are not taxed and are
paid for the surviving partner’s lifetime unless that person remarries or forms a stable relationship like that of marriage. All pensions are adjusted annually in line with the consumer price index.

It is obviously better and easier to claim the surviving-spouse pension immediately the partner has died. However, my colleagues in RSAs around the country and I have had a reasonable amount of success with historical cases, where the veteran/exservice person has died a number of years before
application has been made for the surviving-spouse pension.

For all cases where the deceased veteran/exservice person was not on 70% or more war disablement pension, and death was not deemed attributable to service, there will be a need to provide medical evidence to help the Veterans’ Affairs New
Zealand claim panel in its decision-making. You need to be aware that doctors and hospitals do not normally keep medical records for more than 10 years after the last contact with a patient. So, a lot of information that could be useful in obtaining a surviving-spouse pension could be lost.

All patients have the right to obtain copies of their medical records, and spouses and partners of deceased patients can also ask for the deceased’s records, but often only if they are the executor of the deceased’s will. If you are not the executor, you need the help of that person in obtaining the records.

It doesn’t actually matter if the deceased was not on a war disablement pension; if there is sufficient information on the medical records and, if necessary, evidence from family and friends to make the links between the disabilities and health concerns with the deceased’s service, the claims panel can make a decision.

In many historical cases you may be asked to find more information to help prove your case. You should be told what is required so that you can make appropriate inquiries and provide the required information.

The surviving-spouse pension is currently $141.52 a week, so is well worth having. Remember, it is not taxable and does not count as income for the vast majority of Work & Income benefits and allowances, including New Zealand superannuation
and the residential-care subsidy. It is also not counted as income in relation to rates rebates.

War pensions - new weekly rates from April 1

(a) Ordinary rates

(b) For those with severe disablement

(c) Rates for those with severe disablement, aged 60 and over

Note: War pensions are not subject to income tax.

Note: Those with severe disablement aged 60 years and over receive an additional 10% on their pension.

Main war disablement allowances and concessions - rates from April 1