Re-assessing previous applications : Contents
What is an error or omission on the part of the Ministry?
An error or omission on the part of the Ministry of Social Development generally results from:
- applying an incorrect interpretation of the legislation or
- administrative failure
Incorrect interpretation of the legislation
The application of an incorrect interpretation of the legislation includes:
- staff providing information based on an incorrect interpretation of the legislation or
- policy or instructions to staff differ from what is written in the legislation
Administrative failure
An administrative failure on the part of the Ministry includes:
- giving incorrect advice either verbally or in writing or
- failing to provide information about how and when to apply for financial assistance, such as not making pamphlets available at a service centre
Note in all cases the error or omission must have contributed to the client not making or not completing an application for a benefit at an earlier time.
For more information see:
Legislation
- Application for benefit: making of, help with, lapse, and deemed receipt section 297 Social Security Act 2018
- Application process for benefits, including applicant's or beneficiary's travelling expenses and allowances part 6, subpart 1 Social Security Regulations 2018
