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Reviews and Appeals : Contents

Appeals to the Social Security Appeal Authority

A client can appeal to the Social Security Appeal Authority hearing when the Benefits Review Committee has upheld or upheld in part an original decision under:

  • any provisions of (or of any regulations made for the purposes of any provisions of) Parts 1 to 6 and Schedules 1 to 5 or
  • a special assistance programme approved by the Minister under section 100 or 101 or
  • any regulations in force under section 437 (regulations: issue and use of entitlement cards)
  • any provisions of, or of regulations made under, the Residential Care and Disability Support Services Act 2018 or
  • Part 6 of the Veterans’ Support Act 2014, subject to section 175(2) of that Act or
  • Part 1 of the New Zealand Superannuation and Retirement Income Act 2001 or
  • the Family Benefits (Home Ownership) Act 1964

A client's application for appeal should be sent directly to the Social Security Appeal Authority.

Note when the Benefits Review Committee has declined to hear an out of time review of decision and the client applies for the matter to be heard by the Social Security Appeal Authority, forward the case to the Appeal Authority.

For more information see:

Appeal Authority process

Expenses

The client's actual and reasonable expenses for travel and accommodation, to attend the Social Security Appeal Authority hearing, must be paid.

Outcome

The Social Security Appeal Authority will advise both parties to the appeal (the client and the Ministry of Social Development) of the outcome.

High Court action

Where either party to the appeal disagrees with the outcome, there is one further course of action and that is an appeal to the High Court. Appeals of this nature are restricted to questions of law.

For more information see:

Review of decision

Legislation

  • Rights of appeal sections 397-399 Social Security Act 2018
  • Appeal must be begun within 60 working days of notification or further allowed period section 400 Social Security Act 2018
  • Social security appeal authority section 401 Social Security Act 2018
  • Appeal authority schedule 8 Social Security Act 2018
  • Appeals to appeal authority regulations 248-260 Social Security Regulations 2018
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