When to consider correction power

Important, before considering the use of the correction power, staff should follow the usual process and must consider whether the matter can be resolved either using section 317 of the Social Security Act 2018 or by using another legal rule such as Scoble or Taylor. Most cases are likely to be resolved using one of these methods.

If after considering the above, the matter is still not resolved, staff should consider whether the correction power is appropriate for the particular case.

Correction power can be used when:

• a client did not make or did not complete an application for a benefit at an earlier date and
• the reason the client did not make or did not complete an earlier application for a benefit was due to an error or omission on the part of the Ministry

Note in all cases the error or omission must have contributed to the client not making or completing an application for a benefit at an earlier time.

You should consider correction power when no other legal rule applies and the case meets the above criteria. This could be in the following situations:

• where the Ministry had been incorrectly interpreting legislation and becomes aware of this through (for example) client notification or through a review or appeal or
• a client (or their agent) requests a review of their commencement date or asks for the commencement date to be reassessed (note this is for situations that cannot be resolved using Scoble and Taylor) or
• Ministry staff identify a client's commencement date could be from an earlier date due to a potential error or omission by the Ministry (note this is for situations that cannot be resolved using Scoble and Taylor)

Clients will not have to complete a specific correction power form for correction power to be considered.

If the client is making a current application for a benefit, the client should fill out an application form and complete the application process to ensure the current application is not delayed. The benefit is granted and the commencement date is the date of application or the day after the initial stand down ends, whichever is the later.

You must now consider how to resolve the claim that the client did not make or did not complete an earlier application because of an error or omission on the part of the Ministry.