The provisions of this Agreement shall apply—

Subject to the provisions of paragraph (3) of this Article, the Agreement shall apply also to any law, order or regulation which carries into effect, amends, supplements or consolidates the legislation specified in paragraph (1) of this Article.

The Agreement shall apply, only if the Contracting Parties so agree, to laws, orders or regulations which amend or supplement the legislation specified in paragraph (1) of this Article for the purpose of giving effect to any reciprocal agreement on social security which one (or the other) Party has made with the government of a third country.

Where a person who is in the United Kingdom or resident there claims a retirement pension, the provisions of the following paragraphs of this Article shall apply for the purpose of his claim.

The claimant shall be treated as if he, or, in the case of a claim made by a married woman or widow by virtue of her husband’s insurance, her husband, had paid contributions under the legislation of the United Kingdom for any period during which he was resident in New Zealand and for any other period (not exceeding thirteen weeks in the case of any one journey) during which he was travelling from either country to the other.

Where the claimant is a married woman claiming by virtue of her own insurance, the provisions of paragraph (2) of this Article shall not apply to her in respect of any period during which she was a married woman unless—

Where the claimant is a woman claiming by virtue of her own insurance, her marriage having been terminated by the death of her husband or otherwise, and her husband’s contributions are taken into account for the purpose of her claim, she shall be treated as if he had paid contributions under the legislation of the United Kingdom for any period during which he was resident in New Zealand and for any other period (not exceeding thirteen weeks in the case of any one journey) during which he was travelling from either country to the other.

Where the claimant is a woman who—

she shall be treated as if contributions had been credited to her for that period.

Where the claimant was receiving age benefit or superannuation benefit (otherwise than by virtue of this Agreement or the former Agreement) at the time when he was last in New Zealand and was over pension age at that time, he shall be treated as if he satisfied the contribution conditions for a retirement pension at the full standard rate.

Provided that, if the claimant is a married woman who does not satisfy either of the conditions specified in paragraph (3) of this Article, she shall be treated as if her husband and not she satisfied the said contribution conditions.

This Article shall have effect subject to the provisions of Article 26.

Where a person would be qualified to receive a retirement pension (otherwise than by virtue of Article 3 of this Agreement or Article 3 of the former Agreement) if he were in the United Kingdom, he shall be qualified to receive that pension while he is in New Zealand.

This Article shall have effect subject to the provisions of Article 28.

For the purpose of any claim to receive age benefit or superannuation benefit, a person who is permanently resident in New Zealand shall be treated as if he had been resident there during any period during which he was resident in the United Kingdom.

Provided that—

This Article shall have effect subject to the provisions of Articles 29 and 30.

Where a woman who is in the United Kingdom or resident there claims widow’s benefit under the legislation of the United Kingdom, the provisions of the following paragraphs of this Article shall apply for the purpose of her claim.

The claimant shall be treated as if her husband had paid contributions under the legislation of the United Kingdom for any period during which he was resident in New Zealand and for any other period (not exceeding thirteen weeks in the case of any one journey) during which he was travelling from either country to the other.

Where the claimant was receiving widow’s benefit under the legislation of New Zealand (otherwise than by virtue of this Agreement or the former Agreement) at the time when she was last in that country, she shall be qualified to receive, under the legislation of the United Kingdom, at the full standard rate—

The claimant shall not be qualified to receive for the same period more than one widow’s benefit under the legislation of the United Kingdom.

Any pension or allowance which has been granted to the claimant in respect of the death of her husband under the War Pensions Act 1954 of New Zealand shall be treated as if it were a benefit awarded to her in respect of his death under a Service Pension Instrument as defined in the National Insurance (Overlapping Benefits) Regulations.

This Article shall have effect subject to the provisions of Article 26.

Where a woman would be qualified to receive widow’s benefit under the legislation of the United Kingdom (otherwise than by virtue of Article 8 of this Agreement or Article 7 of the former Agreement) if she were in the United Kingdom, she shall be qualified to receive that benefit while she is in New Zealand.

Where a woman would be qualified to receive a widowed mother’s allowance under the legislation of the United Kingdom if her child or a person under the age of nineteen who is residing with her were in the United Kingdom, she shall be qualified to receive that allowance while that child or person is in New Zealand.

This Article shall have effect subject to the provisions of Article 28.

For the purpose of any claim to receive widow’s benefit under the legislation of New Zealand, a woman who is permanently resident in that country shall be treated as if—

This Article shall have effect subject to the provisions of Articles 29 and 30.

If at any time a parent of a child was resident in New Zealand, then, for the purpose of any claim to receive a guardian’s allowance in respect of that child under the legislation of the United Kingdom, the child shall be treated as if that parent had been insured under that legislation.

This Article shall have effect subject to the provisions of Article 26.

For the purpose of any claim to receive orphan’s benefit under the legislation of New Zealand in respect of a child who is permanently resident in that country—

If a person who claims family benefit under the legislation of the United Kingdom or a child for whom family benefit is so claimed is ordinarily resident in the United Kingdom, that person or child shall be treated for the purpose of the claim—

This Article shall have effect subject to the provisions of Article 17.

The following provisions shall apply only to any child who is ordinarily resident in the United Kingdom and is in New Zealand during any part of a period of absence from the United Kingdom and only in relation to any family benefit which would have been payable for the child under the legislation of the United Kingdom if he had remained in that country—

The following provisions shall apply only to any child born to a woman at a time when she is ordinarily resident in the United Kingdom and absent from that country for a period during any part of which she is in New Zealand and only in relation to any family benefit which would have been payable for the child under the legislation of the United Kingdom if the child had been born in that country and had remained there—

The provisions of paragraphs (1) and (2) of this Article shall not apply where the benefit is not claimed within six months after the child or the woman, as the case may be, returns to the United Kingdom.

This Article shall have effect subject to the provisions of Article 17.

If a person who has been entitled to receive family benefit for a child under the legislation of the United Kingdom is in New Zealand and is not qualified to receive family benefit for that child under the legislation of New Zealand, he shall be treated for the purpose of maintaining entitlement as if he were in the United Kingdom.

The provisions of paragraph (1) of this Article, as well as the provisions of paragraphs (1), (3) and (4) of Article 14, shall apply, subject to the conditions set out in those paragraphs, in any case where a person who has been entitled to receive family benefit under the legislation of the United Kingdom and the child for whom he has been so entitled are both absent from the United Kingdom.

For the purpose of any claim to receive family benefit under the legislation of New Zealand for a child who is considered by the competent authority of New Zealand likely to remain in that country for at least three years, that child shall be deemed to have been born in New Zealand if one of the following conditions is satisfied—

This Article shall have effect subject to the provisions of Article 17.

Where a person claims, under the legislation of the United Kingdom, sickness benefit at a time when he is ordinarily gainfully occupied in that country, or would but for his incapacity for work be so occupied, or unemployment benefit at a time when he is ordinarily gainfully occupied under a contract of service in that country, he shall be treated under that legislation—

Nothing in paragraph (1) of this Article shall diminish any right which a person has, apart from this Agreement, to draw sickness benefit or unemployment benefit under the legislation of the United Kingdom.

Where a person was receiving sickness benefit or invalid’s benefit under the legislation of New Zealand when he was last in that country and is incapable of work at the time when he arrives in the United Kingdom, he shall be treated under the legislation of the United Kingdom as if, at that time, he satisfied the contribution conditions under which sickness benefit is payable for an indefinite period.

Where a person claims sickness benefit under the legislation of New Zealand at a time when he is ordinarily gainfully occupied in that country, or would but for his incapacity for work be so occupied, or unemployment benefit at a time when he would ordinarily be gainfully occupied in that country, any period during which he was resident in the United Kingdom shall be treated as a period during which he was resident in New Zealand.

Where a person who is permanently resident in New Zealand claims invalid’s benefit under the legislation of that country, he shall be treated for the purpose of that claim as if—

Nothing in this Article shall be construed as meaning that any person who claims invalid’s benefit by virtue of this Agreement shall be qualified to receive that benefit under the conditions specified in the legislation of New Zealand for persons who were resident in that country on 4 September 1936.

For the purposes of Articles 3, 8, 11, 13 and 19 of this Agreement, a person shall be treated as having been resident in New Zealand during any period of absence from that country if he was employed outside New Zealand during that period and was liable to pay income tax under the legislation of that country for that period on his earnings arising from that employment.

For the purposes of Articles 3, 8 and 11 of this Agreement, no account shall be taken of any period during which a person was resident in New Zealand before he reached the age of 16 or after he reached pension age.

For the purposes of Articles 7, 10, 12 and 20 of this Agreement, a person shall be treated as having been resident in the United Kingdom or ordinarily resident there, as the case may be, during any period of absence from that country for which he, or, if the person is a woman who is or has been married, her husband, has paid contributions voluntarily or compulsorily under the legislation of that country, or for which he had contributions credited to him under that legislation; and any other period during which he was absent from that country in any circumstances may, at the discretion of the competent authority of New Zealand, be treated as if it were a period during which he was absent in similar circumstances from New Zealand.

For the purpose of Article 7 of this Agreement, no account shall be taken of any period during which a person was resident in the United Kingdom before he reached the age of 16.

Where a woman who is qualified to receive a widowed mother’s allowance under the legislation of the United Kingdom otherwise than by virtue of Article 8 of this Agreement or Article 7 of the former Agreement would be qualified to receive also an increase of that benefit for an only, elder or eldest child if the child were in the United Kingdom, she shall be qualified to receive that increase while the child is in New Zealand.

Where a person who is qualified to receive any benefit under the legislation of the United Kingdom, otherwise than by virtue of Article 3 or Article 8 of this Agreement or Article 3 or Article 7 of the former Agreement, would be qualified to receive also an increase of that benefit for a dependant if the dependant were in the United Kingdom, he shall be qualified to receive that increase while the dependant is in New Zealand provided that he shall not be qualified to receive any increase of benefit for children who are permanently resident in New Zealand (other than an increase to which paragraph (1) of this Article refers).

A person shall not be qualified, by virtue of the provisions of Articles 3, 8 and 11 of this Agreement, to receive benefit for any period of absence from the United Kingdom, unless he is resident in the United Kingdom and had been so resident before that period began.

A person shall not be qualified, by virtue of the provisions of Article 11 of this Agreement, to receive a guardian’s allowance in respect of a child for any period of that child’s absence from the United Kingdom, unless the child is resident in the United Kingdom and had been so resident before that period began.

The provisions of this Article shall apply only to any person who is ordinarily resident in New Zealand and absent from New Zealand wholly or mainly for the purpose of a visit to the United Kingdom, and only in relation to any age benefit, superannuation benefit, widow’s benefit, invalid’s benefit or orphan’s benefit which he would have been qualified to receive (otherwise than by virtue of this Agreement or the former Agreement) if he had remained in New Zealand.

Where the period of absence from New Zealand does not exceed one year, the beneficiary shall be qualified to receive arrears of benefit for the whole period of his absence.

Where the period of absence from New Zealand exceeds one year but does not exceed two years, the beneficiary may, at the discretion of the competent authority of New Zealand, be qualified, on his return to New Zealand, to receive arrears of benefit for the first six months of his absence.

For the purpose of determining the sum due to any beneficiary under paragraph (2) or paragraph (3) of this Article, the amount of any retirement pension, widow’s benefit, guardian’s allowance, sickness benefit or unemployment benefit, which he has received under the legislation of the United Kingdom for the period of his absence from New Zealand shall be disregarded in the computation of his income but shall be deducted from the amount which would otherwise have been payable under that paragraph.

For the purpose of applying the provisions of paragraph (4) of this Article in any case where the beneficiary is a man whose wife is not qualified to receive any age benefit, superannuation benefit or invalid’s benefit under the legislation of New Zealand, the amount of any retirement pension, sickness benefit or unemployment benefit which she has received under the legislation of the United Kingdom during the period of his absence from New Zealand shall be treated as if it were such an amount which he had received under that legislation during that period.

For the purpose of any claim to receive benefit under the legislation of New Zealand, whether by virtue of this Agreement or otherwise (other than benefit payable by virtue of Article 27 of this Agreement), the amount of any benefit which the claimant is entitled to receive under the legislation of the United Kingdom shall be disregarded in the computation of his income and shall be deducted from the amount of benefit which would otherwise have been payable to him under the legislation of New Zealand.

Provided that, in the case of a married claimant, the amount to be deducted shall be the aggregate amount of any benefit which the claimant and the claimant’s wife or husband are entitled to receive under the legislation of the United Kingdom, or such part of that aggregate amount as may be determined by the competent authority of New Zealand.

For the purpose of applying the provisions of paragraph (1) of this Article to any claim to receive benefit by virtue of this Agreement, the amount of any benefit which the claimant is entitled to receive under the legislation of the United Kingdom shall be deemed to include the amount of any pension which has been required, under the legislation of the United Kingdom, to be assured because the claimant was contracted out of the graduated pension scheme established under that legislation.

No provision of this Agreement shall confer any right to receive any benefit for a period before the date of entry into force of the Agreement.

Any contribution which a person has paid or had credited to him under the legislation of the United Kingdom before the date of entry into force of the Agreement and any period during which a person has been resident in either country before that date or gainfully occupied, unemployed or incapable of work before that date, shall be taken into account for the purpose of determining the right to receive any benefit, in accordance with the provisions of the Agreement.

No provision of this Agreement shall diminish any rights which a person has acquired under the legislation of either country before the date of entry into force of this Agreement, whether by virtue of the former Agreement or otherwise.

This Agreement shall enter into force on a date to be agreed by Exchange of Letters between the Contracting Parties and shall remain in force for a period of one year from that date. Thereafter it shall continue in force from year to year unless notice of termination is given in writing by either Party at least six months before the expiry of any such yearly period.

Subject to the provisions of Article 34 of this Agreement, the former Agreement and the reciprocal arrangements on family benefits shall be terminated on the date of entry into force of this Agreement.