Review of decision for Mandatory Reviews
A client cannot review the requirement to complete a Mandatory Review of their benefit as it is a statutory requirement rather than a reviewable decision made by MSD.
However, a client can apply for a Review of Decision of the Mandatory Review process when they:
- do not agree with a decision about a change to the rate or, a decision to suspend or cancel their benefit
- do not agree with a decision to not undertake the Mandatory Review
- have provided a reason to be exempt from doing their Mandatory Review, which was not deemed by MSD to be unforeseen or beyond their control
- have provided a reason for an extension of time to respond to their Mandatory Review, which was not deemed by MSD to be good and sufficient reason
- have been granted an extension of less than 20 working days and disagree with the length of time provided
Automated Decision-Making
Where Automated Decision-Making is used to determine that a client continues to qualify for their benefit as the result of a Mandatory Review, it is automatically continued.
If MSD or the client does not agree with the decision to automatically continue the benefit, MSD can review the decision.
A client can then apply for a Review of Decision if they do not agree with the outcome of MSD's review of the decision made through Automated Decision-Making.
Note Automated Decision-Making is not used when the Mandatory Review is for Emergency Benefit or Emergency Maintenance Allowance.
For more information see:
- Core policy Reviews and Appeals
- Mandatory Review for Accommodation Supplement
- Mandatory Review for Disability Allowance
- Mandatory Review for Supported Living Payment
- Mandatory Review for Emergency Benefit
- Mandatory Review for Emergency Maintenance Allowance
- Mandatory Review for New Zealand Superannuation with a grandparented non-qualified partner included
- Mandatory Review for Orphan's Benefit and Unsupported Child's Benefit
Legislation
- Appeals and reviews unaffected section 363D Social Security Act 2018
- Reviews by benefits review committee subpart 2 part 7, Social Security Act 2018
- Benefits review committees schedule 7 Social Security Act 2018
- Part 7 gives rights to seek review or appeal against decision section 310V Social Security Act 2018
