Who can make an appeal?

The following people can appeal to the Medical Appeals Board:

• the client
• the client's partner - when the decision is in relation to the partner or
• an agent with appropriate authorisation from the client

An appeal can be made to the Medical Appeals Board if it:

• is lodged within 3 months of the client receiving notification of the original decision and
• has not been heard by a Medical Appeals Board previously and
• is an appeal within the jurisdiction of the Board

When a client applies for a decision to be heard by the Medical Appeals Board, the client should get a copy of the factsheet 'A Guide to Medical Appeals Board Hearings'.

When an appeal is received more than 3 months after the client has been notified of the decision a hearing must still be arranged.

The first thing the board must do is decide whether there was good reason for the delay in lodging the appeal.

If the board is satisfied that there is good reason for the delay they will consider whether the right decision was made, to:

• decline or cancel:
  • Child Disability Allowance
  • Supported Living Payment
  • Jobseeker Support
  • Veteran's 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.

• apply or enforce work obligations or work preparation obligations for Jobseeker Support, Supported Living Payment, Sole Parent Support, or are a partner of a main beneficiary (including decisions made based on any work ability assessment undertaken by a health practitioner)

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

• apply an obligations failure on the grounds that the client does 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

The client may withdraw their appeal at any time before an appeal is heard and a decision made.

If the client advises that they wish to withdraw their appeal, the Ministry of Social Development will notify the board immediately and confirm this in writing.

A client has the right to have their decision reviewed once. If the decision has already been heard by the Medical Appeals Board, it cannot be heard again.

However, what seems like a request for an appeal on the same decision, may relate to a different decision.

For example, a client's first appeal may be the decision to cancel the Supported Living Payment on medical grounds. The client may then reapply for the Supported Living Payment due to their condition deteriorating and if that application is declined, the client can then seek a further appeal to the Medical Appeals Board.

If the client applies again for the same decision to be heard by the Medical Appeals Board, they should be advised that this decision is outside of the jurisdiction of the Medical Appeals Board and given the opportunity to withdraw their request for an appeal.

If the client does not withdraw their request for an appeal, and the Ministry considers that it is not appealable, the case should be referred to the Medical Appeals Board to hold a jurisdiction hearing.