Decision guidelines - without the client's consent
When considering a redirection of benefit without the clients consent (including for clients who were in social housing prior to 9 February 2015) you need to work through the decision guidelines below.
Exception
There are different decision guidelines for new social housing clients from 9 February 2015.
For more information see:
Decision guidelines - without the client's consent
1. Contact client
Contact the client and attempt to gain their approval for the redirection of benefit. This may not be appropriate in all circumstances.
2. Good cause
Ensure that good cause exists to approve the redirection of benefit.
For more information see:
3. Supporting evidence
Check that there is verification of the need to redirect payment without the client's consent, such as:
- written advice from a registered health practitioner or other health professional
- a Court Order, made under the Protection of Property Rights Act (1988)
- an Enduring Power of Attorney
- other information that supports the need to redirect the benefit for the benefit of the client's partner or dependent children or to pay for the client's lawful debts or liabilities (eg outlining the repercussions for the client or partner and/or children if the benefit payment is not redirected)
4. Redirection application form
Check that the relevant sections of the application form have been completed by a person who has a close personal relationship with the client, such as their agent, their partner, or a relative, and that the person has signed the appropriate declaration.
Note from 9 February 2015 a 'Redirection of Benefit Payment' application form is not required where Income Related Rent will be redirected from a client's main benefit, New Zealand Superannuation or Veteran's Pension to be paid to their social housing provider.
5. CMS client event note
For more information see:
- Processing standards Redirection of benefit payment [no link find out why]
Legislation
- Payment generally to, or on account of, beneficiary personally section 339 Social Security Act 2018
- Court orders Protection of Personal and Property Rights Act 1988
