Ministry of Justice

We dismiss the Chief Executive’s application to withhold the identity of members of the Benefits Review Committees. For the reasons set out, we do not consider we can, or should, make such an order. The remaining issue is the integrity of the record provided for us to make a decision. We are not in a position to determine whether the Benefits Review Committee’s concerns regarding the conduct of staff in the Remote Client Unit were well founded. However, the appellant is entitled to have the Chief Executive provide the information necessary for her to pursue that issue effectively. We make the following directions to protect the appellant’s rights to a fair hearing. 

We are satisfied that the appellant’s pension falls within the definition of a Government Occupational Pension as defined in s 3 of the Social Security Act 1964 and therefore, should not be deducted from his entitlement to New Zealand Superannuation pursuant to s 70 of the Act. The appeal is allowed. The appellant is invited to make submissions on costs within 14 days of the date of this decision.

The appellant says his need to attend the Support Group has been verified by a registered health professional. The decision on whether or not a cost is a disability cost always remains with the Chief Executive. The Ministry have made a number of points relating to the validity of the letter purporting to be from Dr Fran Lowe on 12 October 2015. The Authority acknowledges that there is room to doubt the authenticity of this letter, but for reasons outlined it does not consider that attendance at the men’s church group to be a disability-related cost. It is not therefore necessary to consider the authenticity of Dr Lowe’s letter. The appeal is dismissed.

We are satisfied that the Chief Executive was correct to decline the appellant’s application for portable superannuation in Australia as it is a country with which New Zealand has a reciprocal agreement. The appeal is dismissed.

The appeal as it relates to the advance of benefit is dismissed.

We are not satisfied that the appellant’s failure to apply for assistance was a result of an erroneous action on the part of the Ministry. To the extent that Child Disability Allowance has been backdated to 25 May 2011, the appeal is allowed. In all other respects the appeal is dismissed.

Decisions under s 80AA can be made only to the Chief Executive in person. In this case we understand that the Chief Executive has not considered this matter. As a result, the Authority does not have jurisdiction under s 12J of the Social Security Act 1964 to consider making a backdated payment under s 80AA. The Authority therefore directs that the Chief Executive consider this matter pursuant to the provisions of s 80AA of the Social Security Act 1964. The Chief Executive is to report to the Authority within three months of the date of this decision on the outcome of his consideration. The appeal is adjourned.

To the extent that the Ministry now acknowledge that the debt in relation to supplementary payments recoverable from the appellant is $16,281.34, the appeal is allowed. In all other respects, the appeal is dismissed.

Reversed decision to recover the overpayment established. The appeal is allowed.

The appeal is dismissed.

The appeal is dismissed.

The appeal is allowed to the extent indicated.

Appeal is dismissed.