Hon Paula Bennett.MSD (Minister of Social Development)
2nd Oct 2013
- Having studied the Parliament Library research paper, ref OOPLSocRP01081 http://www.parliament.nz/resource/0000000401 I am of the opinion that Ms 626 (swn 180-273-626), UK SP (State Pension) Tier 2 (occupational pension) is her private property and is protected by Article 2 of the 1948 (reaffirmed in 1998) Declaration of Human Rights.
- Ms. 626, even though she has been designated a swn (sw number), is no more a sw beneficiary than any other Living Alone Dependant Person Beneficiary (DPB), under the Social Security 1964 Act.
- The meaning of the intention of s.70, is to be within the purpose of the 1964 Act and (according to s.5 of the Interpretations Act 1999), this intention is for the direct deduction of any o/seas state funded benefit or any state-funded pension or state-funded allowance.
- I state categorically, Ms.626 can not have any such state-funded benefit, pension or allowance from the UK, as the NZ/UK Reciprocal Agreement is only for the exchange of qualifications for such state-funded benefits, pensions and allowances, with (if invoked) the means-testing of any UK SP Tier 2. That agreement has not been invoked!
- Therefore, the application of s.70 to Ms. 626 UK SP Tier 2 private pension to her weekly DPB payment (to which she is fully entitled) is unlawful as, she can have no such o/seas state-funded benefit, pension or allowance by the virtue of that agreement.
- This application of s.70 by your International Services (IS), MSD officials is unjustifiable, nor has she any NZ sw benefits, as the swn prefix to her number intimates. Her UK SP Tier 2 was earned by virtue of mandatory/private and voluntary contributions made by her and her private employer(s) and no one else.
- Ms. 626 cannot be subject to s.70, this being proven by my personal official file held by the W&I/IS/MSD, Wellington, file number 0398.
- File 0398 states, page 9 paragraph 10 [10. In regard to the reciprocal agreement with the United Kingdom, the Applicant is correct in his assertion that he does not require the reciprocal agreement to qualify for New Zealand Superannuation.] This agreement is interlocutory with s.70, (my underlining).
- I have enclosed a copy of my “EXPLANAION of EVIDENCE”, IS/MSD file 0398 for your perusal. The IS paginated pages 1-8 (my paginated pages 1-4) is my further submission addressed to that reconvened (from 4-11-2005) International BRC (Benefit Review Committee). That 18-11-2005 reconvened BRC hearing was adjourned to permit the IS time to reply to my earlier submission of their unlawful use of s.70.
- Furthermore, Ms. 626 o/seas occupational pension is as private as any Government occupational pension, this being proven by the 2004 Auckland High Court Judicial decision, CIV 2003-485-002615. Paragraph 18 states, a private occupational pension is similar to any Government occupational pension and both exempted s.70 by virtue of s.3 of the 1964 Act. This paragraph 18 was not appealed by the respondent, so stands as a precedence.
- Sixty four year old Ms. 626 migrated from the UK to NZ in 1972, she is the mother of three NZ born children and grandmother to two NZ born grandchildren and is as fully qualified as any other similarly qualified NZ constituent that is not in possession of an o/seas SP Tier 2.
- Therefore, as Ms. 626 earned her o/seas SP Tier 2 and, lawfully declared that earned Tier 2 to W&I/MSD (for that DPB earnings allowance) your officials are in lawful remiss, by breached her democratic rights under the Crown binding Privacy Act 1993 and abused her Human Rights under the UN Declaration.
- Ms. 626 UK SP Tier 2 can only be deducted from her DPB allowance if she is subject to any SW Act or any subordinate legislation, which she is not.
- Please note on my paginated page 4, paragraphs 2-10 (my submission to the reconvened BRC 18-11-2005) that my views of the agreement and its application to s.70 has not changed one iota!
- My paginated pages 5-6 are the IS unlawfully altered copy of their (IS) paginated pages 9-11 (file 0398), while my pages 7-8 are copies of the original copy of the signed 15-11-2005 IS fax given to me on the 18-11-2005. I was very graciously given 5 minutes to read and inwardly digest!
- Would you please request your officials to apply the statutory law correctly to Ms. 626 DPB payment & earnings allowance, reassess her previous W&I DPB payments, pay her the due back payment and the under payment, described previously by W&I as an over payment
Thank you in anticipation of a speedy resolution for Ms. 626 democratic abuse.Yours respectfullyF. C. DunnCc to Ms. 626.
As of the 08 October 2013 I have received no reply to this letter from the Minister and Ms. 626 purchased 50% of her UK SP T2 while resident in NZ, since 2009. If that privately purchased pension (NZ has no T2) doesn't qualify as earnings to be set against her DPB earnings allowance, what does it equate too, as there is no such T2 pension in the statutory NZ Social Security Act 1964!