Ministry of Justice

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.

Appeal against a decision declining an application for New Zealand Superannuation. Declined on the basis that the appellant did not meet the requirement that he be resident and present in New Zealand for five years since attaining the age of 50 years. Appeal dismissed.

This appeal concerns the appellant’s request to receive a backdated payment of Sickness Benefit. Appeal dismissed.

Appeal against a decision declining to pay appellant the Living Alone Payment. The issue in this case is whether the van the appellant lives in meets the criteria. Appeal dismissed.

Appeal against a decision declining an application for assistance to purchase a replacement motor vehicle. Because of his medical condition he relies heavily on a motor vehicle for transport. Appeal dismissed.

The appellants appeal against decisions to deduct the payments they receive from the Netherlands known as the Koopkrachttegemoetkoming Oudere Belastingplichigen top-up payment (KOBT) from their entitlements to New Zealand Superannuation. Appeals dismissed.