[2023] NZSSAA 6 (15 June 2023) [PDF, 83 KB] 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.
[2023] NZSSAA 8 (15 May 2023) [PDF, 162 KB] 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.
[2023] NZSSAA 7 (30 March 2023) [PDF, 260 KB] Appeal against declined application for home help domestic emergency support. Outcome: appeal dismissed.
[2023] NZSSAA 4 (20 March 2023) [PDF, 210 KB] 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.
[2023] NZSSAA 5 (20 March 2023) [PDF, 44 KB] 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.
[2023] NZSSAA 3 (16 March 2023) [PDF, 142 KB] Jobseeker Support – appeal against overpayment decision. Ministry offset debt owed by appellant from his ACC payment. Outcome: appeal dismissed.
[2023] NZSSAA 2 (1 March 2023) [PDF, 171 KB] 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.
[2023] NZSSAA 1 (1 March 2023) [PDF, 123 KB] 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.
[2022] NZSSAA 6 (8 September 2022) [PDF, 162 KB] Replacement decision on costs relating to a New Zealand Superannuation decision. Outcome: costs award amount corrected.
[2022] NZSSAA 4 (10 February 2022) [PDF, 131 KB] 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.
[2021] NZSSAA 11 (2 July 2021) [PDF, 154 KB] 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.
[2021] NZSSAA 10 (1 April 2021) [PDF, 125 KB] 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.
[2021] NZSSAA 9 (26 March 2021) [PDF, 204 KB] 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.
[2021] NZSSAA 8 (16 March 2021) [PDF, 101 KB] 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.
[2021] NZSSAA 2 (12 March 2021) [PDF, 224 KB] 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.
[2021] NZSSAA 7 (8 March 2021) [PDF, 113 KB] 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.
[2021] NZSSAA 5 (5 March 2021) [PDF, 147 KB] 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
[2021] NZSSAA 6 (5 March 2021) [PDF, 77 KB] Advance payment of benefit – appeal of decision to pay to top up appellant’s bus pass by way of advance payment of benefit rather than a non-recoverable grant. Whether appellant’s circumstances met requirement for non-recoverable grant of assistance at time of application. Outcome: appeal dismissed.
[2021] NZSSAA 12 (3 March 2021) [PDF, 154 KB] Non-beneficiary accommodation supplement – appeal against decision to cancel appellant’s accommodation supplement. Whether the appellant’s income qualified her for an accommodation supplement. Whether the appellant’s status as a student disqualified her from the accommodation supplement. Authority satisfied that, given the appellant’s circumstances, she was not enrolled in full-time course. Outcome: appeal allowed.
[2021] NZSSAA 3 (2 March 2021) [PDF, 134 KB] 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.
[2021] NZSSAA 1 (14 January 2021) [PDF, 146 KB] Supported Living Payment - appeal against decision of the Ministry of Social Development to recover an overpayment. Whether overpayment established. Appellant believed she was providing the correct information. Inequitable for the Ministry to recover the overpayment. Outcome: appeal upheld.
[2020] NZSSAA 24 (1 December 2020) [PDF, 145 KB] 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.
[2020] NZSSAA 23 (20 November 2020) [PDF, 263 KB] Increase to Income Related Rent - appeal of a decision of the Benefits Review Committee. Discretion available to the Ministry to take employment-related travel costs into account when calculating assessable income. Outcome: appeal upheld.
[2020] NZSSAA 21 (12 November 2020) [PDF, 188 KB] 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.
[2020] NZSSAA 20 (9 November 2020) [PDF, 222 KB] New Zealand Superannuation – appeal against a Benefits Review Committee decision declining Appellant Superannuation because she did not meet minimum time she needed to have been “resident and present” in New Zealand. Outcome: appeal dismissed.