Contents
Reviews and Appeals : Contents

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.

Legislation

  • Part 7 gives rights to seek review or appeal against decision section 310V Social Security Act 2018