Medical Appeals Board

The Medical Appeals Board is an independent body established to ensure that correct decisions are made based on medical grounds or on grounds relating to a person's capacity for work.

The Medical Appeals Board takes a fresh look at all the information about a client's medical circumstances and work capacity.

A client can appeal to the Medical Appeals Board if they:

• do not agree with a decision made on medical grounds to decline or cancel:
  • Child Disability Allowance
  • Supported Living Payment (health condition, injury or disability)
    This includes countries where New Zealand has a Reciprocal Agreement under which clients can receive the Supported Living Payment
  • Jobseeker Support
  • Veterans Pension (under 65 years of age and with a health condition, injury or disability that is not related to their service)

Note this includes decisions made based on any work ability assessment undertaken by a health practitioner.

• are on Jobseeker Support, Supported Living Payment, Sole Parent Support, or are a partner of a main beneficiary and disagree with a decision made on medical grounds regarding their full-time work obligations, part-time work obligations or work preparation obligations (including decisions made based on any work ability assessment undertaken by a health practitioner)

Note this includes where an application for an exemption is declined using information provided in a Work Capacity Medical Certificate.

• have work obligations and the Ministry determines that they do not have a good and sufficient reason for not complying with a drug test obligation and/or failing to apply for suitable work that requires drug tests, on the basis that they are addicted to or dependent on drugs

For more information see:

• Which decisions can be appealed to a Medical Appeals Board
• Who can make an appeal
• Who is on the Medical Appeals Board

If the appeal relates to a decision about work obligations or work preparation obligations, the Medical Appeals Board must decide whether the client has capacity to meet those obligations and whether the correct decision was made to enforce or apply the obligations on medical grounds.

Note when determining the client's capacity for work, capacity to meet work obligations or capacity to meet work preparation obligations, only the client's capacity on medical grounds relating to their health condition, injury or disability can be considered by the Board.

Where the decision is in relation to drug test obligations, the Board must decide whether the client has a good and sufficient reason, on the basis that they are addicted to or dependent on controlled drugs, for:

• not complying with a drug test obligation or
• failing to apply for suitable work that requires drug tests

Note other decisions about drug test obligations may be reviewed by the Benefits Review Committee.

If the Medical Appeals Board is unable to make a decision on the evidence available at the hearing, the Board may ask the client if they will agree to an additional medical examination.

For more information see:

• Additional medical examinations