Ministry of Justice

Superannuation - Appeal of decision by Ministry to recover overpayment from Appellant. Whether overpayment of New Zealand superannuation by Ministry was recoverable from recipient because of error by Australian superannuation scheme. Appellant entitled to superannuation in Australia and New Zealand. Overpayment of New Zealand superannuation due to Ministry calculating entitlements based on technical error in information from Australian superannuation scheme. No fault for issue attributable to Appellant or Ministry. Exception to Ministry's recovery obligation only applied if Ministry at fault. Debt accrued was recoverable and Ministry obliged to recover it. Outcome: appeal dismissed.

Superannuation - costs order following resolution of appeal against Benefit Review Committee upholding decision of Ministry to decline portability payments of Appellant's superannuation. Appeal resolved after Ministry reversed decision under appeal and paid arrears to Appellant. Whether claimed costs were reasonable. Appellant entitled to recover costs of 19 hours 50 minutes for lawyer's work on appeal. Costs to be paid to Appellant's lawyer from Ministry directly. Outcome: appeal resolved, costs ordered to be paid.

Superannuation - Appeal concerning Appellant's eligibility for New Zealand Superannuation. Appellant was not an "ordinarily resident” in New Zealand at the time of his application. Appellant had long-standing connections to New Zealand over a 30-year period. No exceptions to the ordinary residence requirement based on considerations of the Appellant's personal circumstances. Outcome: appeal dismissed.

Advance benefit payments - Appeal against the Ministry's decision declining assistance to fix Appellant's vehicle. Vehicle had a history of needing repairs and would likely require ongoing expenditure. Granting the assistance would have resulted in a short-term resolution, and not a sustainable means of transport. Outcome: appeal dismissed.

Superannuation - appeal against a decision of the Benefits Review Committee to uphold Ministry of Social Development's decision to suspend Appellant's superannuation. Whether Appellant was ordinarily resident in New Zealand at time decision to suspend his superannuation was made. Appellant not ordinarily resident due to prolonged absences from New Zealand, United Kingdom residency, and stated intention to live in United Kingdom. Reciprocity Order with UK does not override requirement to be ordinarily resident. Outcome: appeal dismissed.

Superannuation - appeal against the Ministry's decision to decline Appellant's application for New Zealand Superannuation (NZS). Appellant did not meet the residential criteria to be eligible to receive NZS, as he had not been both resident and present in New Zealand for 10 years since the age of 20. Legislation did not provide any discretion to waive or exempt minimum residence and presence requirements in the circumstances. Outcome: appeal dismissed.

Accommodation Supplement - Application to appeal out of time against a Benefits Review Committee decision. Insufficient reasons given for delay in filing the appeal. Outcome: application dismissed.

Funeral Grant - appeal against the Ministry of Social Development's decision not to include the cost of kai (food) in a funeral grant.  Whether the cost of kai can be recognised as a “reasonable funeral expense” within the context of a funeral grant. The costs associated with kai in this appeal were an integral part of the tangihanga process and a reasonable funeral expense.  Accordingly, the Ministry’s decision to exclude the cost of kai from the funeral grant was incorrect.  Outcome: appeal allowed.

Supported Living Payment (SLP) - appeal against decision to decline continue payment of Appellant's SLP while he was absent from New Zealand. Section 219 of the Social Security Act 2018 provided that a benefit was not payable while a beneficiary was absent from New Zealand unless an exception applied. No applicable exceptions to allow for continued payment beyond 28-day absence from New Zealand. Decision to cease payment of the SLP upheld. Outcome: appeal dismissed.

Late filing - Appeal against Ministry's decision to decline Appellant's application for the cost of an unfunded antibiotic for a chronic condition. Whether there were good and sufficient reasons for delay in filing an appeal outside of the statutory timeframe rather than the merits of the proposed appeal. No satisfactory information provided explaining considerable delay. Outcome: Appeal dismissed.

Superannuation – Appeal against the Ministry’s decision declining the Appellant’s application for New Zealand Superannuation (NZS). Ministry held that the Appellant was not “resident and present” in New Zealand for required time since the age of 50. Appellant’s absence when working overseas cannot be counted as being “resident and present” in New Zealand. Appellant failed to meet the requirements for entitlement to NZS. Outcome: appeal dismissed.

Overpayment – appeal against Ministry of Social Development’s treatment of ACC arrears for benefit purposes. Whether Ministry correct to retrospectively allocate ACC arrears so as to create an overpayment in relation to temporary additional support, accommodation supplement and other supplementary support outside the direct offsetting of ACC arrears and the appellants’ main benefit. Ministry’s approach inconsistent with statutory deeming provision in s 252 Accident Compensation Act 2001, which does not involve establishing an overpayment. Outcome: appeal allowed.

Overpayment – appeal against Ministry of Social Development’s treatment of ACC arrears for benefit purposes. Whether Ministry correct to allocate ACC arrears so as to create an overpayment of $13,923.47 in relation to accommodation supplement and other support outside Appellant’s main benefit. Ministry’s approach inconsistent with statutory deeming provision in s 252 Accident Compensation Act 2001. Outcome: appeal allowed.