Ministry of Justice

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.

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 decision by Ministry to decline application for superannuation on basis Appellant not resident and present in New Zealand for 5 years since age of 50. Appellant had lived overseas and could not return to New Zealand due to COVID-19 restrictions. Appellant resident in Cambodia for 12 years with partner and child. Appellant made short trips back in that time. Intent to return to New Zealand alone insufficient to find Appellant was resident in New Zealand at relevant time. Law did not mandate ability to waive, exempt, or change residential requirements for superannuation. Ministry's decision was legally correct. Outcome: appeal dismissed.

Recoverable financial assistance - Appeal against three decisions by Ministry about non-recoverable financial assistance. Appellant appealed Ministry's decision to make a recoverable advanced payment of benefit for 5 hours of driving lessons, another decision to not provide non-recoverable assistance for 100 hours of driving lessons, and another decision to not provide non-recoverable assistance to Appellant for fridge/freezer or provision of fridge/freezer through an alternative supplier.  Appellant did not meet criteria for support with non-recoverable driving lessons under Education and Work Readiness Assistance Programme or Special Needs Grant Programme. Appellant and driving lessons themselves did not meet requirements for non-recoverable assistance in respect of 100 hours of driving lessons. Ministry obligated to provide fridge/freezer through preferred provider as evidence provided about Appellant's particular needs regarding fridge/freezer does not establish fridge provided was…

Superannuation - Appeal against Ministry's decision to decline Appellant's application for superannuation for not meeting requirement for minimum time as resident and present in New Zealand. Appellant travelled overseas and could not return to New Zealand for almost 3 years due to medical issues and COVID-19 restrictions. Appellant considered time when he was unable to return to New Zealand should be taken into account. Appellant did not meet exceptions for when time absent from New Zealand. Ministry's decision was legally correct. Appeal dismissed.

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 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.

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.

Appeal against declined application for home help domestic emergency support. Outcome: 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.

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.