Exceptions when a client declares no change in circumstances for Mandatory Review
When a client responds to their Mandatory Review and confirms they have no change in circumstances, MSD must generally continue their Supported Living Payment at the same rate.
However, there are some exceptions when MSD can request further information from the client to determine if they continue to qualify for Supported Living Payment or that the rate of payment is correct.
Exceptions include when, at the time the client responds to their Mandatory Review, they:
- have been getting Disability Allowance and have had no change in their disability related costs for three consecutive years or
- have been getting Accommodation Supplement and have had no change in their accommodation costs for three consecutive years or
- have had no change to their confirmed income amount for three consecutive years
If a client has one or more of these exceptions, MSD must consider if further information is required from the client before deciding the outcome of the Mandatory Review.
Requesting further information
The decision to request further information from the client should be assessed on a case-by-case basis. Consider additional factors such as:
- the type of costs the client has (e.g. food, transport, power, and accommodation costs vary with economic conditions and would be unlikely to have no change over an extended period)
- when the client last provided verification of their costs (if it was required e.g. new or increased disability related costs or home ownership costs)
- other resources available to meet their costs (e.g. when the client's income has not changed over an extended period)
Further information is needed to complete the Mandatory Review
If further information is needed to determine if the client continues to qualify for Supported Living Payment or that the rate of payment is correct, MSD must give a reasonable timeframe for the client to provide it.
The date the client is given to provide the information by becomes the client's new deadline to respond to the Mandatory Review. If the client does not provide the information that was asked for, MSD must suspend the Supported Living Payment from the new deadline date.
If the client provides the information that was asked for and MSD determines the client continues to qualify for Supported Living Payment (including the rate payable), the future Mandatory Review date is set 52 weeks from the date MSD completed the review.
Further information not needed to complete the Mandatory Review
In some situations, there may be good reason for the client having no change in their costs or income, and further information may not be needed for MSD to determine whether they continue to qualify for Supported Living Payment. For example, the client may have provided recent evidence of their costs or income, or they may have recently discussed their circumstances with MSD.
If no further information is needed for MSD to determine the client continues to qualify for Supported Living Payment (including the rate payable), the future Mandatory Review date is set 52 weeks from the date MSD completed the review.
Example
Julius is getting Supported Living Payment on the ground of a health condition, injury, or disability. He works for 10 hours a week as a carpenter with a local employer that specialises in working with disabled people. Julius is paid more than the minimum wage in this role in recognition of his skills and experience.
Julius' Mandatory Review for Supported Living Payment is due on 12 February 2027 and he responds on 10 February 2027 to confirm he has had no change in his circumstances. This includes no change in his income (which has remained unchanged since he moved into his current role in 2024).
As Julius has been getting Supported Living Payment and declared no change in his income for three consecutive years at the time the mandatory review is returned, MSD must consider whether further information is required before completing the Mandatory Review.
MSD considers Julius' circumstances and notes that Julius recently contacted MSD to discuss the Sustainable Employment Trial. However, Julius decided not to increase his hours. As part of that conversation, MSD confirmed Julius' income hadn't changed (as he is paid more than the minimum wage, annual changes to the minimum wage have not impacted his income).
MSD determines that no further information is required to determine that Julius continues to qualify for Supported Living Payment. His Supported Living Payment continues at the same rate, and his next review date is set for 52 weeks in the future (9 February 2028).
Legislation
- Exception: 3-year rule benefit section 310O Social Security Act 2018
- Beneficiary's duty to provide information for review section 310K Social Security Act 2018
- Consequences if beneficiary fails to comply with duty section 310L Social Security Act 2018
- 3-year rule benefits regulation 176E Social Security Regulations 2018
