Ministry of Justice

Appeal against decision to resume the grant of NZ Superannuation, make an arrears payment to Centrelink Australia, and decline to pay the cost of attending a Benefits Review Committee hearing. The appellant travelled overseas from Australia, and NZ superannuation was suspended. After appellant returned to Australia, he resumed being paid Australian Age Pension at the full rate. The appellant was not entitled to receive any arrears in NZ Superannuation payments. Appellant clearly informed before travel that travel costs would not be reimbursed. Appeal dismissed.

Appeal against decision to suspend payment of Supported Living Payment while appellant overseas. Appellant went to Australia for a holiday, which is not a permitted reason for receiving benefits while overseas. Chief Executive correct in suspending payment of Supported Living Payment. Appeal dismissed.

Appeal against decision to deduct the appellant’s United Kingdom pension from their New Zealand Superannuation entitlement. Overseas pension payments derived from voluntary contributions are not exempt from deduction and the Chief Executive is not bound to use their discretion in favour of a person receiving such payments. Appeal dismissed.

Appeal against decision to deduct old age pension payments received from the Russian Federation from NZ Superannuation. The payments received by the appellant formed part of a government administered programme paying benefits, pensions and periodic allowances for income support related purposes and therefore must be deducted from her NZ superannuation entitlement. The appellant’s overseas pension cannot be described as a Government Occupational Pension and is therefore not excepted from deduction. Appeal dismissed.

Appeal against decision to charge an annuity payment against the appellant’s entitlement to benefits. The annuity received by the appellant was a lump sum paid to the appellant and used by him for income-related purposes and therefore should be taken account of when assessing his entitlement to benefits. Decision to charge for annuity was correct. Appeal dismissed.

Appeal against decision to establish and recover overpayments of Domestic Purposes Benefit, Accommodation Supplement, Disability Allowance, Special Benefit, and Special Needs Grants. The appellant and her spouse were in a de facto relationship/ relationship in the nature of marriage due to degrees of cohabitation, emotional commitment, and financial interdependence. Appellant’s former spouse partly responsible for overpayments of Accommodation supplement. Direction that Chief Executive use discretion to recover part of that debt from the appellant’s former spouse and to reassess other debts with regard to periods that they were separated and living apart. Appeal allowed to extent indicated.

Appeal against decision to decline to pay New Zealand Superannuation in Japan. The majority of the appellant’s time for many years was spent in Japan and he was not ordinarily resident in New Zealand. As a result, the appellant is not entitled to a portable ‘overseas’ NZ Superannuation. Appeal dismissed.

Appeal against decision to cancel Accommodation supplement. Likelihood that existing mortgage did not entirely reflect acquisition of accommodation. Not enough evidence that the proportion of the appellant’s existing mortgage used for the acquisition of accommodation met the cost threshold to be entitled to Accommodation Supplement. Cancellation of the Accommodation Supplement paid in error was appropriate. Appeal dismissed.

Appeal against decision to decline to pay the appellant Temporary Additional Support. The appellant has realisable cash assets or has deprived themselves or cash assets by running his business and its assets through a company structure. The appellant’s cash assets exceed the low threshold required to obtain Temporary Additional Support. Appeal dismissed.

Appeal against decision to suspend and then cancel payment of Child Disability Allowance for failure to return a medical review form. The Allowance was cancelled purely as a result of the appellant failing to provide the information required by the Chief Executive, not because the appellant’s child has been declared without serious disability. The decision to suspend then cancel was appropriate. The appellant has persisted in not obtaining the required medical review form. Appeal dismissed.

Appeal against decision to establish and recover an overpayment of New Zealand Superannuation. The overpayment of NZ superannuation was not a result of error attributable to the Ministry but from the result of the appellant’s failure to declare their income.  Having regard to the circumstances of the overpayment and of the appellant, the Authority directed the Chief Executive to take no steps to recover part of the debt and to recover the balance. Appeal allowed to extent indicated.

Appeal against decision to deduct the amount of an overseas pension received by the appellant’s wife from the appellant’s entitlement to New Zealand superannuation. The amount must be deducted under NZ law. There has been no unlawful discrimination by the Chief Executive on the basis of age. Appeal dismissed.

Appeal against decision to establish and recover overpayments of Domestic Purposes Benefit, Accommodation Supplement, Temporary Additional Support, and Temporary GST Assistance. The overpayment of benefits was not a result of any errors attributable to the Ministry. The debt must be recovered but due to the circumstances of the appellant, the Chief Executive is directed to defer recovery of the debt and consider making an ex gratia payment to the appellant.