Payments of arrears to Special Benefit clients better off on Temporary Additional Support
After 1 April 2006, when Temporary Additional Support was introduced, some clients who were receiving Special Benefit would have been better off receiving Temporary Additional Support, but were not given an opportunity to apply for this assistance. This was an error by the Ministry of Social Development.
Because of the error, a client may receive a back payment of Temporary Additional Support.
Qualifications
A client may receive Temporary Additional Support arrears due to the Ministry’s error if the client:
- was receiving Special Benefit on 1 April 2006
- would have received more assistance from Temporary Additional Support on or after 1 April 2006
- was advised by the Ministry on or after 18 August 2017 that they would have been better off receiving Temporary Additional Support at any point on or after 1 April 2006
- cancels Special Benefit from an earlier date
- retrospectively applies for Temporary Additional Support for the period Special Benefit was cancelled
Note clients who cancelled their Special Benefit after 1 April 2006 and before 18 August 2017 may still receive Temporary Additional Support arrears if they were advised by the Ministry on or after 18 August 2017 that they would have would have received more assistance from Temporary Additional Support.
The Temporary Additional Support arrears is the net amount of the Temporary Additional Support payment a client would have received, less the Special Benefit paid for the same period.
Identifying affected clients
Affected clients were identified and notified by the Ministry through the Alignment implementation - Special Benefit clients better off on Temporary Additional Support. Some clients assessed as better off on Temporary Additional Support after 18 August 2017 but outside of the implementation may be eligible for arrears.
For more information see:
Arrears payment is not income
Arrears paid on or after 18 August 2017 to Special Benefit clients who would have been better off receiving Temporary Additional Support are a lump sum payment. Generally, the arrears should not be treated as income for the period the payment represents.
Cash asset exemption
When determining entitlement to main benefits and other assistance paid under the Social Security Act 2018, Temporary Additional Support arrears paid to Special Benefit clients who would have been better off receiving Temporary Additional Support are not a cash asset for the first 12 months after the arrears payment is made.
Examples include:
- Accommodation Supplement
- Advance Payment of Benefit
- Away from Home Allowance
- Community Cost Programme
- Course Participation Costs
- Funeral Grant
- Home Help
- Seasonal Work Assistance
- Special Benefit
- Special Needs Grants
- Special Transfer Allowance
- Student Allowance Transfer Grant
- Temporary Additional Support
This exemption only applies to Temporary Additional Support arrears paid on or after 18 August 2017 to Special Benefit clients who would have been better off receiving Temporary Additional Support.
Income exemption
Any income earned from the arrears is exempt as income for the first 12 months after the payment of the arrears is made.
End of exemption period
At the end of the first 12 months after the arrears are paid, any remaining amount that a client has is treated as a cash asset, and any income earned from investment of the remaining amount is treated as chargeable income.
Legislation
- Minister may consent to backdating section 317 Social Security Act 2018
- No consent unless benefit not granted earlier because of error section 318 Social Security Act 2018
- Cash assets and income exemptions schedule 8 Social Security Regulations 2018
- Temporary additional support Part 2, subpart 10 Social Security Regulations 2018
- Temporary additional support arrears lump sum payments and income schedule 3, part 16 Residential Care and Disability Support Services Regulations 2018
