Ministry of Justice

Funeral grant - whether to allow a late appeal against a decision to grant a funeral grant for a sum lower than the funeral cost claimed. Wearying situation and unfamiliarity with the process a good and sufficient reason. Outcome: timeframe for bringing the appeal is extended.

Accommodation Supplement, Temporary Additional Support – appeal against a decision of the Benefits Review Committee. Whether appellant provided all information required for his entitlement, if so, whether he was entitled to assistance. Authority not satisfied appellant has provided sufficient evidence for accommodation costs to be assessed. Outcome: appeal dismissed.

Overpayment – appeal against decision to recover overpayment of Domestic Purposes Benefit, Sole Parent Support, Accommodation Supplement, and Temporary Additional Support due to having assets and/or income over the allowable limits at the relevant time. Received benefits and supplementary assistance at rates above her entitlement. Outcome: appeal dismissed.

Emergency Housing Grant – appeal against the decision to decline to pay an Emergency Housing Grant. Accommodation offered was not a suitable option for the appellant and her daughter because it did not comply with the Ministry’s guidelines that hostels are not suitable for children. Ministry had previously approved the appellant’s chosen hotel. Outcome: appeal 

Superannuation - appeal against decision to decline application for New Zealand superannuation. Appellant was not eligible for New Zealand Superannuation on the date of his application because he did not meet the requirements in s 8(b) of the New Zealand Superannuation and Retirement Income Act 2001. Outcome: appeal dismissed.

New Zealand Superannuation – appeal against a decision of the Benefits Review Committee. Applicant’s entitlement to New Zealand Superannuation falls under Social Welfare (Reciprocity with Canada) Order 1996. No basis on which to apply discretion when determining appeal. Outcome: appeal dismissed.

Accommodation Supplement, Temporary Additional Support – appeal against a decision of the Benefits Review Committee. The Ministry established that the appellant was receiving the accommodation supplement at the maximum rate available, and had cash assets exceeding the limit capping entitlement to any Temporary Additional Support. Outcome: appeal dismissed.

Training Incentive Allowance Application – whether Authority can consider entitlement to forms of assistance other than payment of course fees. Outcome: appeal dismissed for lack of jurisdiction.

Recoverable Assistance Payment - appeal against decision of Benefit’s Review Committee. Evidence does not support appellant’s claim the loan was intended to meet immediate and essential need. Appeal dismissed.

Superannuation - Appellant appeals decision of the Ministry of Social Development to recover a debt from his superannuation. Appeal struck out. Ministry of Social Development entitled to recover sum from appellant

New Zealand Superannuation - appeal against decision that payments commenced from the date of application, not the earlier date of the appellant's entitlement. Held that s 80AA of the Social Security ACt 1964 did not apply as there was no error on the part of the Ministry. Outcome: appeal dismissed.

Jobseeker Support - appeal against overpayment decision. Appellant's partner received weekly ACC compensation - effect of mandatory provision in s 71A Social Security Act 1964, whcih requires any weekly compensation to be directly deducted, at a dollar for dollar rate, from income-tested benefits. Outcome: appeal dismissed as legislation allows no alterbatuve outcome.

New Zealand Superannuation - rehearing of appeal [2018] NZSSAA 10, following the High Court decision to allow an appeal by consent. Appeal against a decision that the appellant has not been ordinarily resident in New Zealand since 2004, and so not entitled to New Zealand Superannuation. Outcome: appeal allowed.