Ministry of Justice

Following the hearing the appellant’s advocate has advised that the Ministry’s calculations set out in the Section 12K Report are now accepted and that nothing further is required to be determined by the Authority. Accordingly we accept that the calculation of the Disability Allowance debt of $769.90 and Temporary Additional Support debt of $2,634.79 are correct. The appellant will need to discuss a rate of recovery with the Ministry. The appeal is dismissed. The Ministry are requested to make a submission to the Authority

We are not satisfied that the appellant met the criteria to receive DPB – CSI in the periods she was in receipt of a main benefit between 1990 and 2002. The appeal is dismissed. The appellant may wish to consider whether an approach to the Ministry of Health for funding for her care of XXXX under the ‘parents as caregivers’ initiatives would be appropriate, if she has not already done so.

The appeal as it relates to the rate of Special Benefit payable is dismissed. Costs are reserved.

Section 86(1), at the time relevant to this appeal, provided the Chief Executive with a discretion to take steps to recover a debt. In fact, according to Ministry records the debts have been recovered and the Chief Executive is not required to take any further steps to recover the debt. The appeal is dismissed.

The appellant raises the issue of the failure of the Ministry to invoke Article 24 of the reciprocal agreement with Australia. Article 24 relates to settlement of disputes between the competent authorities of New Zealand and Australia. It does not relate to individual disputes between beneficiaries and the competent authorities of either country. The appeal as it relates to the overpayment in respect of the period 20 March to 7 April 2015 is allowed. In all other respects, the appeal is dismissed.

The jurisdiction of this Authority is limited by s 12K of the Social Security Act 1964. This Authority can only consider decisions of the Chief Executive which have been confirmed or varied by a Benefits Review Committee. As a Benefits Review Committee has not considered the issue of Child Disability Allowance we are not able to consider the issue of whether or not Child Disability Allowance should be backdated. It is open to the appellant to specifically request that an out of time backdated review of the Child Disability Allowance be carried out. The appeal as it relates to the backdating of DPB – CSI is dismissed.

This appeal is adjourned to the June circuit of the Authority in Wellington. If the matters referred to are not resolved by 15 May 2016, then the appellant is to advise the Ministry and the Authority of the outstanding issues by that date and the Ministry are to provide a Section 12K report addressing those issues by 1 June 2016.

In our view, the Chief Executive was correct to exercise his discretion pursuant to s 74(1)(d) and cancel the appellant's entitlement to Special Benefit. The appeal is dismissed.

The appeal is dismissed.

The appeal is dismissed.

The Chief Executive is directed to reconsider the application for a food grant.

Appeal is dismissed.

To the extent that in its decision of 14 September 2015 the Authority has directed the Ministry to reassess the appellant's income and the resulting debt, the appeal is allowed. In all other respects, the appeal is dismissed.