Administrative reviews

Students are entitled to review certain decisions MSD makes about their Student Allowance, Independent Circumstances Allowance or Accommodation Benefit.

These reviews are called statutory reviews and are provided for in clause 5, Schedule 10 of the Education and Training Act 2020. For more information see: Statutory reviews

Sometimes, a student's reason for review may not be covered in clause 5 of the Act. In such cases, an administrative review can be used.

Administrative reviews are used when a student disagrees with an action by MSD but the student does not have the right to review that action under a statutory review.

Administrative reviews are not included in legislation, but they follow a similar process to statutory reviews.

Administrative reviews give a student the opportunity to be heard and for MSD to complete a full review of the student’s file when a statutory review is not possible.

Administrative reviews are generally used to review whether:

• a debt should be established or
• the student needs to repay the debt (e.g. whether the debt meets the criteria for a debt write off)

The reason why the debt was created should be assessed to see if it can be reviewed as a statutory review.

Example

Kiriana contacts MSD to apply for a Student Allowance and is advised incorrectly she does not need to notify MSD if she changes her address while getting a Student Allowance.

Kiriana moves to a new flat 6 months after she starts getting her Student Allowance and does not tell MSD.

MSD later becomes aware of Kiriana's change of address, and determines she got paid the incorrect rate of Accommodation Benefit for the period she was in the new address.

MSD creates a debt for the overpaid amount of Accommodation Benefit.

Kiriana accepts she was paid the incorrect rate of Accommodation Benefit.

However, she doesn't believe she should have to repay the debt as she was not at fault. She asks MSD to review the debt. This would be an administrative review.

A student cannot appeal MSD's decision from an administrative review to the Student Allowance Appeal Authority.

A student who disagrees with the outcome of the review and thinks they have been unfairly treated can raise their concerns with the Office of the Ombudsman.

A statutory review generally should be provided if MSD cannot determine whether the student has statutory or administrative review rights.

In some cases, the Student Allowance Appeal Authority may need to determine if the review is statutory or administrative before they can consider the situation the student is disputing.