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Accident Compensation Corporation (ACC) – Appeal against Ministry of Social Development’s decision requiring the appellants to repay an accommodation supplement of $5,795.42 due to receiving a back payment of ACC weekly payments. The overpayment of $5,795.42 is correctly established and recoverable from the appellants. 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.
Accident Compensation Corporation (ACC) – Appeal against Ministry of Social Development’s decision requiring appellant to repay main benefit payments due to receiving ACC child weekly compensation. The Ministry correctly determined that main benefit payments should be recovered, and correctly determined the amount of recovery. Outcome: appeal dismissed.
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.
Superannuation – appeal against a decision by the Benefits Review Committee. Appeal against decision to deduct appellant’s Russian pension from their New Zealand Superannuation entitlement. The meaning of “entitled to receive” in s 188 of the Social Security Act 2018 requires an entitlement to receive and excludes circumstances where the recipient cannot receive their entitlement due to reasons outside their control. Outcome: appeal allowed.
Superannuation – appeal against a decision by the Benefits Review Committee. Appeal against decision to deduct appellant’s Russian pension from their New Zealand Superannuation entitlement. The meaning of “entitled to receive” in section 188 of the Social Security Act 2018 excludes circumstances where a person is unable to receive their entitlement due to reasons well beyond their control as was the case with the appellant. Outcome: appeal allowed.
Superannuation – appeal against a decision by the Benefits Review Committee. Appeal against decision to deduct appellant’s Russian pension from their New Zealand Superannuation entitlement. The meaning of “entitled to receive” in section 188 of the Social Security Act 2018 excludes circumstances where a person is unable to receive their entitlement due to reasons well beyond their control as was the case with the appellant. Outcome: appeal allowed.
Superannuation – appeal against decision around against appellant’s entitlement to New Zealand superannuation. Issue was whether appellant was a resident of New Zealand before 2 September 2013. No error made by Ministry of Social Development in determining appellant was first resident in New Zealand from 2 September 2013. Outcome: appeal dismissed.
Increase to Income Related Rent (IRR) – appeal of a decision of Benefits Review Committee. Whether inclusion of appellant’s husband to household and his eligibility for New Zealand Superannuation amounted to change in circumstances warranting IRR increase. Inclusion of husband to household was a change in circumstances and Ministry entitled to review IRR. Ministry calculated household income correctly. Outcome: appeal dismissed.
Superannuation Eligibility timeframes - appeal against decision of Chief Executive confirmed or varied by Benefits Review Committee. Appellant entitled to NZ superannuation. Authority entitled to rely on Appellant’s evidence. Outcome: appeal allowed.
Superannuation - appeal against a decision of the Benefits Review Committee. Appeal against decision to deduct the appellant's UK pension from their New Zealand Superannuation entitlement. UK pension comes within the class of offshore pensions that must be deducted from New Zealand Superannuation under s 70 of the Social Security Act 1964. Outcome: appeal dismissed.
Appeal against declined application for home help domestic emergency support. Outcome: appeal dismissed.
Overpayment / Appellant disputes overpayment of $702.80 and $6,050.30 / Respondent claims overpayments made in error / Applicant claims money was rightful entitlement / Held: Appellant to repay overpayments of $702.80 and $6,050.30 / Respondent’s tax records sufficient evidence to establish overpayment / Appeal dismissed.
Childcare subsidy - appeal against a decision of the Ministry declining to pay childcare subsidies during specified time period. Appellant correctly using entitlement for its purpose. Outcome: appeal allowed.
Jobseeker Support – appeal against overpayment decision. Ministry offset debt owed by appellant from his ACC payment. Outcome: appeal dismissed.
Holiday Pay – appeal against a decision by the Benefits Review Committee regarding appellant’s stand down period. Whether the Ministry’s approach was correct in law. The decision is legally correct. The provisions relating to “holiday pay” are clear and apply to this case. Deciding where the thresholds are set for stand down periods is a matter that must lie with the persons responsible for formulating the legislation. Outcome: appeal dismissed.
Medical benefit allowance - appeal against decision of Benefits Review Committee. Section 85 Social Security Act 2018. Appeal concerning power cost to charge hearing aids. Outcome: appeal allowed.
Replacement decision on costs relating to a New Zealand Superannuation decision. Outcome: costs award amount corrected.
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.
Special Needs Grant - appeal against decision to decline an application for a special needs grant on a non-recoverable basis. Application made to purchase a security camera. Appellant’s circumstances, including mental health risks and financial stress, require the grant to be non-recoverable. Outcome: appeal allowed.
Superannuation - appeal against decision to seek recovery of portable New Zealand superannuation. Due to a six month delay in Centrelink in assessing his entitlement, the appellant was overpaid portable New Zealand Superannuation. No error made by Ministry of Social Development, no legal basis for the appellant to retain overpayment. Outcome: appeal dismissed.
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.
Social Housing – appeal against decision to assess appellant’s social housing need as one-bedroom accommodation. Whether the appellant is property assessed as needing two-bedroom accommodation for the purposes of social housing. Circumstances of parenting arrangement do not meet the requirements in the Ministerial Direction and the definition of a dependent child relied on in the Direction. 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.
Jurisdiction – issue raised at hearing around quantum of debt to Ministry in addition to reparation ordered by the District Court. Authority has no power to review a sentence imposed by the District Court. Appellant failed to identify issue within jurisdiction of the Authority. Outcome: appeal struck out.