Reviews and Appeals

A client can apply for a Review of Decision when they have received formal notification of (and do not agree with) a decision which has been made 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 can appeal to the Social Security Appeal Authority where they do not agree with a decision, which was:

• upheld or upheld in part by the Benefits Review Committee under an application for Review of Decision or
• made by the Chief Executive (and not delegated for an employee to decide)

A client has no right of appeal to the Social Security Appeal Authority (and therefore no right to apply for a Review of Decision):

• for a decision made on medical grounds for Supported Living Payment (health condition, injury or disability), Jobseeker Support (health condition, injury or disability), Child Disability Allowance or Veterans Pension
• for a decision made (on medical grounds or on grounds relating to capacity to work) to require a Jobseeker Support (health condition, injury or disability) client to be subject to or continue to be subject to part-time work obligations
• for a decision to decline or revoke a deferral of work obligations on medical grounds of Jobseeker Support
• for a decision under that the client did not have a good and sufficient reason for failing their drug test obligations, as they are not addicted to or dependent on controlled drugs
• for a decision to decline entitlement to a Veteran's Pension on the basis that the service is not qualifying operational service - though Veterans' Affairs can be asked to review that decision
• if an application for benefit has lapsed under section 297 of the Social Security Act 2018

If a client disagrees with any of the decisions listed above on medical grounds the client may appeal the decision to the Medical Appeals Board.

The client has the right to apply for a Review of Decision at any time within 3 months of the original decision being advised. When a client has applied for a hearing outside the three month time limit the Benefits Review Committee must decide whether or not to accept the application before it considers the decision under review.

A client has the right to have their decision reviewed once. If they wish to have the same decision reviewed again refer the case to MSD Legal Services.

There are 3 stages to the review and appeal process:

Stage 1 - Internal review

This is an administrative process only. When a client applies for a Review of Decision, it is appropriate for the Ministry of Social Development to take another look at the decision, review any new information, as well as that which was available at the time of the decision, and check the decision was in accordance with legislation.

Stage 2 - Benefits Review Committee

An application for a Review of Decision is an application for the decision to be heard by the Benefits Review Committee.

Note when the internal review outcome is not favourable or only favourable in part for the client, the decision must go before the Benefits Review Committee without any further request from the client.

Stage 3 - Social Security Appeal Authority hearing

When the original decision is upheld (or partially upheld) by the Benefit Review Committee, the client can appeal to the Social Security Appeal Authority. See: