and New Zealand Regulations, 2013

L.N. 435 of 2013

SOCIAL SECURITY ACT

(CAP. 318)

Bilateral Agreement on Social Security between Malta

and New Zealand Regulations, 2013

IN exercise of the powers conferred by article 134 of the Social

Security Act, the Minister for the Family and Social Solidarity has

made the following regulations:-

(1)

The title of these regulations is the Bilateral Citation and

Agreement on Social Security between Malta and New Zealand coming

force.

Regulations, 2013.

(2) These regulations shall be deemed to have come into force

on the 1st December, 2013.

(Article 2)

AGREEMENT ON SOCIAL SECURITY

BETWEEN

NEW ZEALAND AND MALTA

The Government of New Zealand

And

The Government of Malta

Hereinafter referred to as "the Parties"

RESOLVING to co-operate in the field of Social Security and wishing to

coordinate the operation of their respective social security systems and to enhance

the equitable access by people covered by this Agreement to specified social

security benefits provided under the laws of both countries

HAVE agreed as follows

PART 1

General Provisions

Article 1

Definitions

1. For the purpose of this Agreement unless the context otherwise

requires

absence, in relation to a country, means not being physically present in that

country or in the territorial sea or internal waters of that country for a period of 24

hours or more; and absent has a corresponding meaning

age of entitlement to New Zealand superannuation means the age

specified under the legislation of New Zealand for eligibility for New Zealand

superannuation (being, at the date of this Agreement, 65 years)

benefit for New Zealand means a New Zealand benefit as defined in this

article; and for Malta means a Maltese benefit as defined in this article

competent authority means

(a)

for New Zealand, the chief executive of the department for the

time being responsible for the administration of the Social Security Act

1964; and

(b)

for Malta, the department for the time being responsible for the

administration of Social Security Act (Cap 318) in Malta

competent institution means

(a)

for New Zealand, the department that is responsible for the

implementation of this Agreement on behalf of the competent authority of

New Zealand; and

(b)

for Malta, the Social Security Division

contribution in relation to Malta means a Social Security contribution in

terms of the Social Security Act (Chapter 318 of the Laws of Malta)

day means a calendar day

deduction, in relation to a New Zealand benefit, includes a reduction of the

rate of the benefit under the legislation of New Zealand

legislation, in relation to a Party, means the laws, orders, and regulations of

that Party specified in Article 2 of this Agreement

Maltese benefit means either of the following benefits

(a)

pensions in respect of retirement;

(b)

pensions in respect of widowhood

month means a calendar month, but for the purpose of aggregating periods of

New Zealand working age residence or periods of Maltese contributions, if an

aggregated period exceeds a whole number of months by at least 15 days, the

number of months in that period shall be rounded up to the next whole number

New Zealand has the meaning given to it by the legislation of New Zealand

New Zealand benefit means either of the following benefits

(a)

New Zealand superannuation;

(b)

veteran’s pension

New Zealand working age residence, in relation to a person

(a)

means a period when the person was both resident and present in

New Zealand after the person attains age 20 and before the person attains age

(b)

includes a period after the person attains age 20 and before the

person attains age 65 when the person was employed outside New Zealand

and while so employed was liable for the payment of New Zealand income

tax on earnings from that employment if the person returned to New Zealand

on or after 23 June 1987

(c)

includes a period after the person attains age 20 and before the

person attains age 65 when the person was with a spouse or partner who was

employed outside New Zealand and while so employed was liable for the

payment of New Zealand income tax on earnings from that employment if

the person returned to New Zealand on or after 23 June 1987

period of Maltese contributions means a period of insurance in terms of the

Social Security Act (Cap 318)

presence, in relation to a country, means being physically present in that

country and not absent; and present has a corresponding meaning

residence, in relation to New Zealand, means a period of residence (and, if

applicable, presence) that would qualify a person for a New Zealand benefit

social security purposes include

(a)

the administration of the social security laws of a Party;

(b)

the collection of the social security debts of a Party;

(c)

the maintenance of the social security laws of a Party, including

the prevention, detection, prosecution, and punishment of offences under

those laws;

(d)

the enforcement of any social security laws of a Party imposing

a pecuniary penalty; and

(e)

the conduct of any proceedings under the social security laws of

a Party before any court or tribunal

third country means a country other than Malta or New Zealand

widow in relation to a Maltese benefit, shall have the meaning assigned to it

by the Social Security Act (Cap 318)

widower in relation to a Maltese benefit, shall have the meaning assigned to

a "widow" by the Social Security Act (Cap 318).

2. In relation to the English text of this Agreement, words in the singular

include the plural and words in the plural include the singular.

3. Any term not defined in paragraph 1 has, unless the context otherwise

requires, the meaning assigned to it by the legislation of the Parties, but if there is

a conflict of meanings the competent institutions of the Parties shall determine

which meaning is more applicable in the circumstances by mutual agreement.

Article 2

Legislation to which this Agreement applies

1. For New Zealand, this Agreement applies to the following legislation

insofar as it provides for or applies to New Zealand benefits

(a)

the New Zealand Superannuation and Retirement Income Act

2001;

(b)

the Social Security Act 1964;

(c)

the Social Welfare (Transitional Provisions) Act 1990;

(d)

the War Pensions Act 1954;

(e)

section 5 of the Civil Union Act 2004;

(f)

sections 29 and 29A of the Interpretation Act 1999; and

(g)

the Orders in Council and Regulations made under those Acts.

2. For Malta, this Agreement applies to the Social Security Act (Cap 318)

insofar as it provides for or applies to Maltese benefits.

3. Subject to paragraph 4 of this Article, this Agreement also applies to

domestic laws, orders, and regulations that amend, supplement, consolidate, or

supersede the legislation referred to in paragraph 1 or paragraph 2 of this Article

(including laws, orders, or regulations that change the name of or conditions of

eligibility or receipt of particular benefits).

In the regulations "Agreement" means the Agreement on Interpretation.

Social Security between the Government of Malta and the

Government of New Zealand signed on 8th July, 2013, a copy of

which, together with the Supplementary Administrative Arrangement

for the Implementation of the Agreement and the Administrative

Arrangement for the Application of the Agreement, in their original

English version, are annexed in the Schedules to these regulations.

(Article 2)

SUPPLEMENTARY ADMINISTRATIVE ARRANGEMENT

FOR THE IMPLEMENTATION OF THE AGREEMENT

BETWEEN THE REPUBLIC OF MALTA AND NEW ZEALAND

ON SOCIAL SECURITY

Section 1

Exchange of Information on Changes in Circumstances and General

Adjustments of Benefit Rates of Mutual Clients

1. Reason for Information Matching Programme

Under the legislation of New Zealand the rate of benefit paid in New Zealand

is generally dependent on the rate of payment made by Malta. A change in

circumstances for a person who receives both a Maltese and a New Zealand benefit

can affect the continuing entitlement to the rate of the New Zealand benefit.

Each Liaison Agency will notify the other about any change in circumstances

for a mutual client, resident in that country, so that the other Liaison Agency may

review the continuing entitlement or rate of payment.

2. Frequency of Information Exchange

Exchanges of information for changes in circumstances will occur on an ad

hoc basis as soon as practicably possible following either Liaison Agency

becoming aware of a mutual client’s change of circumstances.

General adjustments to benefit rates will be advised by each Liaison Agency

to the other as soon as practicably possible.

For New Zealand the annual general adjustment to benefit rates occurs in

April. For Malta the general adjustment of benefit rates occurs in January.

3. Type of Information Exchanged

Each Liaison Agency will exchange information about change of

circumstances relating to mutual benefit clients as specified in section 7(4)(a) and

(b) of the Administrative Arrangement. The exchange of information about client

changes in circumstances will be ongoing but on an ad hoc basis as they arise.

Information about adjustments to benefit rates as specified in sections 7(7)

and 7(8) of the Administrative Arrangement will also be exchanged between the

liaison agencies.

Where a change in circumstances has occurred for a mutual client, or where

either Liaison Agency notifies details of adjustments to benefit rates, the relevant

information will be transmitted to the other Liaison Agency on a liaison form as

soon as practicably possible to the other Liaison Agency.

4. Method of Collecting Information

The generating Liaison Agency will obtain the information specified in

section 7 of the Administrative Arrangement from its own database or client

information retention system. In relation to changes in circumstances the

information will be collected from the client as they advise the change to the

relevant Liaison Agency.

5. Method of Conveying Information

Personal information will be exchanged between the liaison agencies by

airmail through registered mail or via equivalent air courier service for

•

Client changes in circumstances

•

Adjustment of benefit rates

Application forms and any accompanying documentation containing

personal information will be sent by one Liaison Agency to the other Liaison

Agency by registered mail or via equivalent air courier service.

6. Use of the Information received from the other Party

Information received on liaison forms will be used to reassess the client’s

entitlement. Appropriate adjustments will be made to the liaison agencies’

computer payment systems and client core information system on the basis of the

information received from the other Liaison Agency.

7. Update of the client’s record in New Zealand

Prior to any changes being made under paragraph 6 the New Zealand Liaison

Agency will check the client’s record to ensure that compliance requirements have

been met with section 19D of the Social Welfare (Transitional Provisions) Act

1990 of New Zealand. Where the client’s record indicates there has not been

compliance with section 19D of the Social Welfare (Transitional Provisions) Act

1990 no update of the client’s record will take place until this requirement is met.

Subject to compliance with section 19D of the Social Welfare (Transitional

Provisions) Act 1990 the New Zealand Liaison Agency will undertake a 100%

manual check of the client’s

•

name

•

client reference number for New Zealand

•

client reference numbers for Malta

•

date of birth

Where the information matches the New Zealand Liaison Agency will update

the client record manually. The client may be able to seek a review under section

10A of the Social Security Act 1964.

8. Update of the client’s record in Malta

The Malta Liaison Agency, before updating its records, will check the

client’s

•

name

•

client reference numbers for Malta

•

client reference for New Zealand

•

date of birth

Where the information matches that submitted by the New Zealand Liaison

Agency, the Malta Liaison Agency will update the records manually. The client

may be able to seek a review in respect of the adverse action created by this

process in terms of the provisions of Article 108 of the Social Security Act (Cap

318).

The provisions of the Social Security Act shall have effect Applicability.

in their application with regard to the persons mentioned in the Cap. 318.

Agreement, subject to such modifications and adaptations as may be

required in accordance with the provisions of the said Agreement, and

in so far as the Social Security Act applies to -

Pensions in respect of Retirement; and

Pensions in respect of Widowhood.

(Article 2)

ADMINISTRATIVE ARRANGEMENT

FOR THE APPLICATION OF THE AGREEMENT

BETWEEN THE REPUBLIC OF MALTA AND NEW ZEALAND

ON SOCIAL SECURITY

In accordance with Article 13 of the Agreement on Social Security between

the Government of Malta and the Government of New Zealand, signed on [insert

date], the Competent Authorities hereby make the following Administrative

Arrangement. The Administrative Arrangement is set out in Sections.

Section 1

Definitions

1. In applying this Administrative Arrangement

Agreement means the Agreement on Social Security between Malta and

New Zealand signed on [insert date];

Arrangement means this Administrative Arrangement;

Liaison Agency means

(i)

In relation to Malta, the Department of Social Security

(ii)

In relation to New Zealand, the department of the Government

of New Zealand that is responsible for the implementation of this

Arrangement

and Liaison Agencies has a similar plural meaning as the context indicates.

2. Any other term defined in the Agreement, when used in this

Arrangement, has the same meaning as in the Agreement.

Section 2

Communication between Liaison Agencies

1. Communications concerning the operation of the Agreement and of this

Arrangement will be sent to and from, as the case requires, the appropriate Liaison

Agency.

2. The Liaison Agencies will be able to communicate directly with each

other and with their clients.

3. Application forms and associated documents will be sent between

Liaison Agencies by airmail through registered mail, or via an equivalent air

courier service.

Section 3

Forms, Documents and Procedures

1. Forms and any other documents required for the implementation of the

Agreement or this Arrangement will be prepared by the Liaison Agencies after

consultation between them.

2. The Liaison Agencies will jointly decide on procedures necessary to

implement the Agreement and this Arrangement.

3. Any subsequent changes to forms, other documents or procedures

necessary to implement the Agreement and this Arrangement will be decided after

consultation between the Liaison Agencies.

4. Except as provided for in section 4, or unless the Liaison Agencies

jointly decide otherwise in writing, the Liaison Agencies will send each other

liaison forms, requests for information and information exchanges by airmail

through registered mail or via equivalent air courier service.

Section 4

Lodgement of Applications

1. Where a person applies to the Liaison Agency of one Party for a benefit

provided under the legislation of the other Party, the Liaison Agency receiving the

application, within 30 working days of receipt, will

(a)

stamp the application form with the date of receipt;

(b)

check the application for completeness and, if incomplete,

arrange for the applicant to provide the outstanding details;

(c)

verify the applicant's identity and validate the personal details

contained in the application form on the basis of the documents supplied by

the applicant, in accordance with the requirements of the respective Liaison

Agencies and, where required, make certified copies of original documents;

(d)

send to the other Liaison Agency by airmail through registered

mail or by courier as appropriate

(i)

the completed application form

(ii) any supporting documentation required by the other

Liaison Agency

(iii) a liaison form indicating (where applicable)

•

Applicant’s first name(s), and surname or family name

•

Maiden name (where applicable)

•

Date of birth

•

Address

•

New Zealand Client Number

•

Maltese Identity

•

Card number

•

Maltese Social Security number

• Date of application under Article 16 paragraph 2(b) of

the Agreement

•

Type of benefit applied for

•

Amount of benefit granted

• Date of grant of benefit and any changes in the rate of

payment and date of effect of those changes following the date

of grant of the benefit

• Periods of residence and/or periods of insurance

contribution

•

Date of marriage

•

Date of death

Section 5

Processing Applications

The Liaison Agency, which makes a determination of a benefit by virtue of

the Agreement, will inform the other Liaison Agency of that determination on a

Section 6

Appeals and Related Documents

A Liaison Agency that receives appeals and related documents under the

legislation of the other Liaison Agency will

(a)

stamp the document with the date of receipt;

(b)

record the receipt of the documents in its own Liaison Agency;

and

(c)

send the documents within 15 working days to the other Liaison

Agency.

Section 7

Exchange of Information

Subject to the social security and privacy laws of each of the Parties and the

information which may be exchanged in section 7(4) of the Administrative

Arrangement

1. The Liaison Agencies may exchange information about any

individual (or individuals) who is an applicant for, or in receipt of, a benefit

as defined under the Agreement or the social security laws of the parties for

social security purposes in accordance with Article 14 of the Agreement and

this Arrangement.

2. Except as provided for in this section, where a Liaison Agency

(the "Requestor") requests information for social security purposes under

Article 14 of the Agreement, the other Liaison Agency will process the

request within 30 working days of receipt and supply the information it holds

or is lawfully able to obtain to the Requestor within 30 working days from

the date of processing, by means of a liaison form.

3. The Liaison Agencies will collect information for social security

purposes at the point of application for a benefit and on an ongoing basis as

required.

4. Where Liaison Agencies exchange information about an individual or

individuals under this section, the liaison form

(a)

Will include the individual or individuals

(i)

first name, surname or family name

(ii) maiden surname (where applicable)

(iii) New Zealand Client Number(s)

(iv) Maltese Identity Card number

(v)

Maltese Social Security number

(vi) date of birth

(b)

And may include information on any of the following change of

circumstances, with each change of circumstance being accompanied by an

effective date or date of event, relevant to that individual or individuals

(i)

change of name

(ii)

change in relationship status

(iii) death of client or spouse or partner

(iv) change of address

(v)

change of bank account details

(vi) change in country of residence

(vii) change of benefit status (e.g. benefit suspended, cancelled,

expired, resumed or declined) and reason for the change

(viii) change in rate of benefit or pension payable

(ix) details of residence, where applicable

(x) details on granting of service pension / superannuation by

a former employer (Malta only)

5. Where a Liaison Agency requests personal information under Article 14

of the Agreement that constitutes an authorised information matching programme

under the privacy laws of either of the Parties

(a)

the requesting Liaison Agency will inform the other Liaison

Agency of the purpose for which the data is requested; and

(b)

no information will be exchanged if the consent of the

respective privacy authorities is withheld.

6. The Liaison Agencies will exchange information on changes in

circumstances of mutual clients as soon as possible after those changes are known,

by means of either

(a)

in the case of a single client a liaison form; or

(b)

in the case of more than one client, a list providing information

on each and every individual client affected which would otherwise be

contained on a liaison form.

7. Each Liaison Agency will provide the other Liaison Agency with

information relating to adjustments to the respective rate of benefits whenever

these rates change.

8. On receipt of information under this section, one Liaison Agency will

confirm, in consultation with the other Liaison Agency, where required, that the

client details provided match their records. Where satisfied that the information

relates to a particular client, the Liaison Agencies will update their records

accordingly.

9. Recipients of New Zealand and Maltese benefits will be advised of the

exchange of information which may take place between the parties at the time of

application. Applicants will also be informed of their review and appeal rights.

This Agreement also applies to any domestic law, order, or regulation

that extends the legislation of a Party to new benefits or new categories of

beneficiaries unless a reservation in writing by the Party that is extending the

legislation is communicated to the other Party within 3 months from the date on

which the law, order, or regulation enters into force.

The Parties shall advise each other promptly, of the enactment of laws,

orders or regulations of the kind referred to in paragraph 3 and 4 of this Article.

Article 3

Persons to whom this Agreement applies

This Agreement applies to any person who

(a)

has completed a period of Maltese contributions; or

(b)

has completed a period of New Zealand working age residence;

(c)

is a dependent or survivor of a person referred to in paragraph

(a) or paragraph (b) of this Article on whom the legislation of Malta confers

eligibility to Maltese benefits.

Article 4

Equality of Treatment

All persons to whom this Agreement applies shall be treated equally by a

Party in regard to the rights and obligations that arise under the legislation of that

Party or as a result of this Agreement.

PART 2

Provisions relating to New Zealand benefits

Article 5

Effect of residence in Malta

1. A person shall be considered, for the purpose of an application, to be

ordinarily resident and present in New Zealand on the date that he or she applies

for a New Zealand benefit under this Agreement if, on that date, he or she

(a)

is ordinarily resident in Malta, and present in either Malta or

New Zealand; and

(b)

has the intention of remaining resident in Malta for at least 26

weeks; and

(c)

has had a continuous period of New Zealand working age

residence of at least 1 year.

2. For the purpose of payment of any New Zealand benefit under this

Agreement, a person shall be considered to be ordinarily resident in, and not absent

from, New Zealand, if he or she

(a)

is ordinarily resident in Malta, and present in Malta or New

Zealand; and

(b)

has had a continuous period of New Zealand working age

residence of at least 1 year.

3. For the purposes of this Article

(a)

if a person who is ordinarily resident in Malta is temporarily

absent from Malta for a period that does not exceed 26 weeks, that absence

shall be considered as not interrupting the person’s ordinary residence or

presence in Malta;

(b)

if a person who is ordinarily resident in Malta is temporarily

absent from Malta for a period that exceeds 26 weeks, that person’s ordinary

residence in Malta shall be considered to have ceased on the date of

departure from Malta;

(c)

a person is considered to be ordinarily resident in Malta on the

date of the person’s departure from New Zealand if

(i) the person leaves New Zealand with the intention of

becoming and remaining resident in Malta for at least 26 weeks; and

(ii) the person begins to be resident in Malta within 26 weeks

of that departure.

4. For the purposes of subparagraphs (a) and (b) of paragraph 3 of this

Article, a period when a person is temporarily in New Zealand shall not be

considered a period when the person is temporarily absent from Malta.

5. A person who is ordinarily resident in Malta who has not reached the

age of entitlement to New Zealand superannuation shall be considered not

qualified for or entitled to receive a veteran’s pension.

Article 6

Totalisation for New Zealand Benefits

1. Where this Agreement applies to a person and there is a period of New

Zealand residence or New Zealand residence and presence that is

(a)

less than the period necessary to give a person entitlement to the

benefit claimed under the legislation of New Zealand; and

(b)

equal to or greater than 1 continuous year of New Zealand

working age residence,

then the period of Maltese contributions by that person may be deemed to be a

period of New Zealand residence or, as the case requires, New Zealand residence

and presence.

2. For the purpose of determining entitlement to a New Zealand benefit

under paragraph 1 of this Article, the competent institution of New Zealand may,

subject to paragraph 3 of this Article

(a)

consider a period of Maltese contributions after reaching age 20

to be a period when the person was both resident and present in New

Zealand; but

(b)

may only consider periods of Maltese contributions after

reaching age 50 for the purpose of satisfying the requirement that a person be

resident and present in New Zealand for 5 years after reaching that age.

3. If a period of New Zealand working age residence and a period of

Maltese contributions overlap, only the period of New Zealand working age

residence shall be taken into account.

Article 7

Rates of New Zealand superannuation and veteran’s pensions

payable in Malta

1. Subject to paragraphs 3 and 4 of this Article, the rate of New Zealand

superannuation or a veteran’s pension payable to a person ordinarily resident in

Malta who is entitled to receive it under Article 5 of this Agreement shall be

calculated according to the following formula

Number of whole months of New Zealand working age residence ×

maximum benefit rate

Amount payable =

Number of whole months in 45 years

2. For the purposes of paragraph 1 of this Article

(a)

all periods of New Zealand working age residence shall be

aggregated; and

(b)

the maximum benefit rate is

(i) for a single person, the weekly rate before the deduction of

income tax of New Zealand superannuation or veteran’s pension

payable to a single person who is not living alone, after any deduction

required to be made from a benefit under the legislation of New Zealand

(not being a deduction on account of any debt, fine, reparation, penalty,

or of the kind prohibited by paragraph 4 of this Article); or

(ii) for a person who is married, in a civil union, or in a de

facto relationship, the weekly rate before the deduction of income tax of

New Zealand superannuation or veteran’s pension payable to a person

whose spouse or partner is also entitled to New Zealand superannuation

or a veteran’s pension after any deduction required to be made from a

benefit under the legislation of New Zealand (not being a deduction on

account of any debt, fine, reparation, penalty, or of the kind prohibited

by paragraph 4 of this Article).

3. Where a person

(a)

was ordinarily resident in Malta on the date that this Agreement

enters into force; and

(b)

is receiving New Zealand superannuation or a veteran’s pension

under the New Zealand Superannuation and Retirement Income Act 2001 or

the War Pensions Act 1954; and

(c)

becomes entitled to receive that benefit under Article 5 but not

by application of Article 6

then the rate of New Zealand superannuation or veteran’s pension payable to that

person shall not be less than the amount that would be payable in the absence of

this Agreement.

4. In calculating the amount of benefit payable under this Article, no

account shall be taken of any benefit payable under Malta’s social security scheme

or under the social security laws of a third country.

5. For the avoidance of doubt, a person who is entitled to receive New

Zealand superannuation or a veteran’s pension under Article 6 of this Agreement

whose spouse or partner has not reached the age of entitlement for New Zealand

superannuation is not entitled to elect to receive the alternative rate of New

Zealand superannuation or veteran’s pension payable to a person who is married or

in a civil union or a de facto relationship whose spouse or partner is not entitled to

receive New Zealand superannuation or a veteran’s pension.

Article 8

Advance payment of benefits and payment of supplementary benefits

and allowances

1. If a person who is ordinarily resident in New Zealand becomes entitled

to receive a New Zealand benefit under Article 6 of this Agreement, the competent

institution of New Zealand shall also pay to that person any supplementary benefit

or allowance under the legislation of New Zealand to which the person is qualified.

2. If a person who is ordinarily resident in Malta becomes entitled to

receive a New Zealand benefit under this Agreement

(a)

the person is not entitled to receive any supplementary benefit or

allowance under the legislation of New Zealand; and

(b)

no payment shall be made in advance of any number of

instalments of that New Zealand benefit, or part of it not yet due.

Article 9

Effect of Malta’s taxation of Maltese benefits

1. Paragraph 2 of this Article applies to a person who

(a)

is ordinarily resident in New Zealand;

(b)

is receiving a Maltese benefit from which any tax is levied by

(c)

is also receiving a New Zealand benefit.

2. Where this Article applies, the amount of the person’s Maltese benefit

to be deducted from the person’s New Zealand benefit is the amount of the Maltese

benefit after it is reduced by the Maltese tax levied on it.

Article 10

Residence in a third country

1. Paragraph 2 of this Article applies to a person who

(a)

is ordinarily resident in New Zealand; and

(b)

is entitled to receive a New Zealand benefit solely through the

application of Article 6 of this Agreement; and

(c)

either

(i) departs from New Zealand with the intention of residing in

a third country for a period of more than 26 weeks; or

(b)

resides in a third country for a period of more than 26

weeks.

2. A person referred to in paragraph 1 of this Article is not entitled to

receive New Zealand superannuation or a veteran’s pension while absent from

New Zealand or Malta unless that person is entitled to receive that benefit under a

social security agreement between New Zealand and the third country.

PART 3

Provisions relating to Maltese benefits

Article 11

Totalisation for Maltese Benefits

1. Where this Agreement applies to a person and there is a period of

Maltese contributions that is

(a)

less than the period necessary to give a person entitlement to the

benefit claimed under the legislation of Malta; and

(b)

equal to or greater than the minimum period mentioned in

paragraph 3 of this Article for that benefit;

then any period of New Zealand working age residence by that person shall be

deemed to be a period of Maltese contributions.

2. For the purposes of this Article, where a period of Maltese contributions

and a period of New Zealand working age residence overlap, only the period of

Maltese contributions shall be taken into account.

3. The minimum period of Maltese contributions to be taken into

consideration for the purposes of paragraph 1 of this Article shall be 52 paid

contributions valid for assessment of the contribution average assessment under

the Social Security Act (Cap 318).

4. The provisions of this Article do not apply in the case of a Two-Thirds

Pension (Retirement) or a Survivor’s Pension (Widowhood) unless the person

concerned (or the deceased spouse in the case of Survivor’s Pension) has paid at

least 156 contributions under the legislation of Malta after 22 January 1979.

5. For the purposes of this Article, where a claim by a person for a Maltese

benefit in respect of widowhood is submitted, only the working age residence in

New Zealand of the deceased spouse shall be taken into account.

Article 12

Calculation of Maltese Benefits

1. Where a Maltese benefit is payable by Malta to a person by virtue of

this Agreement the rate of that benefit shall be calculated as follows

Theoretical Rate of Maltese Benefit (TR) x Reckonable

Contributions (RC)

Amount Payable =

Totalised Contributions (TC)

2. For the purposes of paragraph 1 of this Article

(a)

the "Theoretical Rate of Maltese Benefit" (TR) is the applicable

rate of Maltese benefit attributable to a person as assessed under the

provisions of the Social Security Act (Cap 318) taking into consideration the

Maltese contribution period and the New Zealand working age residence as

totalised under Article 12 of this Agreement;

(b)

the "Reckonable Contributions" (RC) is the number of Maltese

contributions on which the Maltese benefit would have been calculated under

the Social Security Act (Cap 318) in the absence of this Agreement; and

(c)

the "Totalised Contributions" (TC) is the aggregate number of

Maltese contributions and the New Zealand working age residence as

totalised under Article 12 of this Agreement.

3. Any additional allowances or bonuses that are applicable to certain

Maltese benefits covered by this Agreement that are payable under the legislation

of Malta, shall be calculated in the same manner as that indicated in paragraph 1 of

this Article, as the case may require.

4. Any amount of Maltese benefit payable calculated in accordance with

paragraphs 1 and 2 of this Article shall be rounded up to the nearest whole euro

cent.

PART 4

Miscellaneous and Administrative Provisions

Article 13

Administrative Arrangements

1. The competent authorities of the Parties shall establish administrative

arrangements necessary for the implementation of this Agreement.

2. The administrative arrangements shall designate the liaison agencies of

the Parties.

Article 14

Mutual assistance provisions for the exchange of information

1. Subject to the laws of the Parties, the competent institutions of the

Parties shall exchange information for social security purposes, including such

information as is necessary for the competent institutions to give effect to the

provisions of this Agreement, and such information will not be used for any other

purpose.

2. Paragraph 1 is subject to the respective privacy laws of the Parties; in

particular for New Zealand, the terms and conditions set out in section 19C of the

Social Welfare (Transitional Provisions) Act 1990 of New Zealand and for Malta,

Article 27 of the Data Protection Act 2001. To this effect both Parties agree that

(a)

In exchanging the personal data or personal information for the

purposes of this agreement, the competent institutions of both Parties shall

implement appropriate technical and organisational security measures to

protect the personal data or personal information against accidental or

unlawful destruction or loss, alteration, unauthorised disclosure or access;

(b)

The competent institutions of both Parties shall have in place

appropriate procedures and safeguards so that any person, including in

respect of Malta a processor as defined in the Malta Data Protection Act

2001, who may be authorised by the respective privacy laws of the Parties to

have access to the personal data or personal information exchanged, shall

respect the confidentiality, privacy and security of such personal data or

personal information;

(c)

In the event that, for Malta, the Data Protection Commissioner

or, for New Zealand, the Privacy Commissioner, requests information from

the competent institution of that Party (the "First Party") to monitor the

processing operation of the personal data or personal information being

exchanged, the competent institution of the other Party shall assist the First

Party by providing any relevant information, including any relevant

documentation requested by the First Party; and

(d)

Both competent institutions shall inform each other should there

be changes to the Data Protection and/or Privacy laws, and/or Social Security

laws of both parties, affecting the confidentiality, privacy and/or security of

personal data or personal information.

3. The competent institution collecting the personal details shall inform

the data subjects about the exchange of information with the other competent

institution, as well as on their rights under the respective Data Protection and

Privacy Acts of both parties, in particular the right of access and rectification .of

their personal data in line with the respective laws of both Parties.

4. The administrative arrangements shall also contain the arrangements

between the competent institutions of the Parties required by the terms and

conditions referred to in paragraph 2 and 3.

Article 15

Language of Communication

For the purpose of implementing this Agreement, the competent authorities

and competent institutions of the Parties shall communicate directly with one

another in any official language of either Party.

Article 16

Applications, notices, reviews and appeals

1. An application for a New Zealand benefit or Maltese benefit under this

Agreement shall be made in writing on the official application form, and shall be

given to the competent institution of either Party.

2. Where a person applies to the competent institution of a Party (the "First

Party") for a benefit payable under this Agreement

(a)

the application shall be considered as an application for the

corresponding benefit under the legislation of the other Party if the person

(i)

so requests; or

(ii) provides information at the time of the application

indicating that the person has a period of residence or contribution

under the legislation of the other Party; and

(b)

the date of that application is the date on which the application

was made to the competent institution of the First Party, and that date shall be

considered the date of first contact for the purposes of the legislation of New

Zealand.

3. Paragraph 4 of this Article applies to any application or notice

concerning the determination or payment of a benefit under this Agreement

(including an application or notice given to review or appeal against a decision of a

competent institution).

4. If an application or notice referred to in paragraph 3 is given to the

competent institution of either Party within the time provided for it to be given

under the legislation of the Party responsible for the determination or payment, it

shall be considered to have been given

(a)

to the appropriate institution of that Party; and

(b)

within that time.

5. The competent institution of a Party that receives an application or

notice of the kind referred to in paragraph 1 or paragraph 2 or paragraph 4 of this

Article shall transmit it without delay to the appropriate institution of the other

Party.

In this Article, appropriate institution includes a court, tribunal, or

authority with jurisdiction to consider appeals or reviews in relation to benefits

under the legislation of a Party, a benefits review committee (in relation to New

Zealand), and a competent institution.

In relation to Malta, the reference in paragraph 3 of this Article to an

appeal is a reference to a document concerning an appeal that may be made to the

Umpire according to the Social Security Act (Cap 318) as amended from time to

time.

The date on which an application, notice or appeal referred to in

paragraphs 3 to 7 of this Article is lodged with the competent institution of a Party

shall be treated, for all purposes concerning the matter to which it relates, as the

date of lodgement of that document with the competent institution of the other

Party.

Article 17

Determination of Claims

1. In determining the eligibility or entitlement of a person to a benefit by

virtue of this Agreement

(a)

a period of New Zealand working age residence and a period of

Maltese contributions; and

(b)

any event or fact which is relevant to that entitlement,

shall, subject to this Agreement, be taken into account in so far as those periods or

those events are applicable in regard to that person no matter when they were

accumulated or occurred.

2. The commencement date for payment of a benefit payable by virtue of

this Agreement shall be determined in accordance with the legislation of the Party

concerned but in no case shall that date be a date earlier than the date on which this

Agreement enters into force.

Article 18

Payment of Benefits

1. The benefits payable by virtue of this Agreement are also payable in the

territory of the other Party.

2. The competent institution of a Party shall pay benefits in the currency of

that Party or in any other freely convertible currency as agreed between the Parties

from time to time.

3. If either Party imposes foreign currency exchange restrictions, both

Parties shall immediately adopt measures to ensure that the payments required

under this Agreement are able to continue to be made. Those measures shall

operate retrospectively to the time the restrictions were imposed.

4. A Party that imposes restrictions described in paragraph 3 of this Article

shall inform the other Party of those restrictions within one month of their

imposition and shall adopt the measures described in paragraph 3 of this Article

within 3 months of the imposition of those restrictions. If the other Party is not so

informed or if the necessary measures are not adopted within the set time that

Party may treat such a failure as a material breach of the Agreement for the

purposes of Article 60 of the Vienna Convention on the Law of Treaties.

5. A benefit payable by a Party by virtue of this Agreement to a person

shall be paid without deduction for administrative expenses incurred by either

Party for paying that benefit.

Article 19

Review of the Agreement

1. The Parties may agree at any time to review any of the provisions of this

Agreement.

2. If a Party amends, supplements or replaces its legislation, in a way that

would affect the provisions of this Agreement, it shall seek the agreement of the

other Party to amend this Agreement as may be necessary to maintain consistency

between that Party’s legislation and the provisions of this Agreement.

3. This Agreement may be amended by written agreement between the

Parties through an exchange of diplomatic Notes. Amendments shall enter into

force on the date specified in the Notes.

Article 20

Resolution of difficulties

1. The competent authorities of the Parties shall resolve, to the extent

possible, any difficulties which arise in interpreting or implementing this

Agreement according to the spirit and fundamental principles of the Agreement.

2. The Parties shall consult promptly on any request in writing of either

Party concerning matters that have not been resolved by the competent authorities

of the Parties in accordance with paragraph 1 of this Article, in order to resolve

those matters by mutual agreement.

Article 21

Duration and termination

1. Subject to paragraph 2 of this Article, this Agreement shall remain in

force until the expiration of 12 months from the date on which a Party receives

from the other Party written notice through the diplomatic channel of the intention

of that Party to terminate the Agreement.

2. In the event that this Agreement is terminated in accordance with

paragraph 1 of this Article, the Agreement shall continue to be in force in relation

to all persons who as a result of this Agreement

(a)

at the date of termination, are in receipt of benefits; or

(b)

prior to the expiry of the period referred to in paragraph 1, have

made an application for, and would be entitled to receive, benefits.

Article 22

Entry into force

The Parties shall notify each other in writing of the completion of their

respective domestic procedures required for the entry into force of this Agreement.

The Agreement shall enter into force on the first day of the second month

following the date of the last notification.

IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by

their respective Governments have signed this Agreement.

Done in duplicate at Valletta on 08th July 2013, in the English language.

FOR THE GOVERNMENT

FOR THE GOVERNMENT

OF

OF

NEW ZEALAND

MALTA

Destruction of Information Matching Data

In accordance with New Zealand Privacy Act 1992 liaison forms from Malta

will be destroyed within 60 working days from the date of their receipt in New

Zealand, unless a discrepancy is found and a decision is made to take adverse

action about that. In that case, the forms will be destroyed either after 1 year if no

adverse action is subsequently taken or, if adverse action is taken, as soon as

practicable after the forms are no longer needed for the purpose of taking action

against an identifiable individual.

In accordance with the Malta Data Protection Act 2001, liaison forms from

New Zealand will not be kept for a period longer than is necessary. In this regard,

forms from New Zealand will be destroyed within 60 working days from the date

of their receipt in Malta, unless

(a)

a discrepancy is found; or

(b)

a decision is made to take action in regard to the discrepancy; or

(c)

further investigations and clarifications are required on the

matter.

In such cases, depending on the action to be taken, the forms will be

destroyed as soon as practicable after all issues are resolved and the forms are no

longer needed to deliver the service as appropriate to an identifiable individual.

Section 2

Benefit reference numbers

Neither Liaison Agency will re-use or re-assign their benefit reference

numbers to another person.

Section 3

Commencement

This Supplementary Administrative Arrangement will commence on the

same day the Agreement and Administrative Arrangement enters into force and

will operate for the duration of the Agreement.

SIGNED at Valletta this 08th day of July 2013

FOR THE COMPETENT AUTHORITY

FOR THE COMPETENT AUTHORITY

OF THE REPUBLIC OF MALTA

OF NEW ZEALAND

Provided that the Liaison Agencies have obtained any necessary

consent from their respective Privacy Authorities, the Liaison Agencies may

jointly decide in writing to add, amend or delete items of information to be

exchanged.

Section 8

Exchange Rates

The exchange rates to be used are the exchange rates normally used by each

Liaison Agency.

Section 9

Statistical Information

The Liaison Agencies will exchange statistics on an annual basis regarding

the payments which each has made under the Agreement; these statistics will

include data on the number of beneficiaries and the cash value of benefits paid, by

type of benefits.

Section 10

Mutual Assistance and Processing Standards

1. The Liaison Agencies will co-operate in achieving the standards set out

in section 4 of this Arrangement for the processing of applications lodged under

the Agreement and in all other aspects of the operation of the Agreement.

2. The Liaison Agencies will implement any measures deemed necessary

and appropriate to improve the operation of the Agreement.

Section 11

Resolution of Difficulties

1. Any difference between the Liaison Agencies concerning the

interpretation or implementation of this Arrangement will be resolved or settled by

mutual consent.

2. Where the difference cannot be resolved or settled by the Liaison

Agencies under paragraph 1 of this section, the difference will be referred to the

Competent Authorities for resolution in accordance with paragraphs 1 of Article

20 of the Agreement.

Section 12

Review of the Arrangement

The Competent Authorities may agree, from time to time, in writing, to

amend this Arrangement.

Section 13

Commencement

This Arrangement will commence on the same day the Agreement enters into

force and will operate for the duration of the Agreement.

SIGNED at Valletta this 08th day of July 2013

FOR THE COMPETENT AUTHORITY

FOR THE COMPETENT AUTHORITY

OF THE REPUBLIC OF MALTA

OF NEW ZEALAND

€2.52