Guidelines for deciding if an application has been made
All applications for assistance should be investigated. If you are unsure if an application has been made, and the client has returned after a period of months or years, you can seek advice from your capability developer, your regional solicitor or Helpline.
Your capability developer, your regional solicitor or Helpline can help you to make a decision. Therefore you should document and summarise all information that would help them to help you. This information may include:
- copies of forms completed by the client
- correspondence from the client
- notes recorded on CMS or earlier notes recorded on SWIFTT (often held on the BTCHI screen) and
- any submission made by the client or any agent of the client in relation to an earlier application for assistance
You should also speak with any staff member the client has indicated they spoke with, to confirm they had contact with the client. You should document their recollection of events.
From 24 September 2007 applications for assistance included in the definition of a benefit that are not completed within 20 working days of the client's date of first contact will lapse. A benefit cannot be granted if the application has lapsed.
For more information see:
- Core policy Application for benefit
Legal rules to consider
As part of your decision making process you should also consider the following legal rules:
Scoble
An application for assistance for a particular purpose means the Ministry must consider all available types of financial assistance that relates to a particular purpose.
Taylor
An application for assistance for a particular purpose does not need to be in writing and can be made verbally to any staff member, during work hours, regardless of their role.
Section 311 Commencement of benefits
A benefit shall commence on the later of the date of application, or the date of entitlement, subject to stand down provisions. Limited backdating applies to some benefits, for example, the 28 day rule.
For more information see:
There are number of situations that can arise as a result of your investigations.
