Ministry of Justice

Funeral Grant - appeal against the Ministry of Social Development's decision not to include the cost of kai (food) in a funeral grant.  Whether the cost of kai can be recognised as a “reasonable funeral expense” within the context of a funeral grant. The costs associated with kai in this appeal were an integral part of the tangihanga process and a reasonable funeral expense.  Accordingly, the Ministry’s decision to exclude the cost of kai from the funeral grant was incorrect.  Outcome: appeal allowed.

Overpayment – appeal against Ministry of Social Development’s treatment of ACC arrears for benefit purposes. Whether Ministry correct to retrospectively allocate ACC arrears so as to create an overpayment in relation to temporary additional support, accommodation supplement and other supplementary support outside the direct offsetting of ACC arrears and the appellants’ main benefit. Ministry’s approach inconsistent with statutory deeming provision in s 252 Accident Compensation Act 2001, which does not involve establishing an overpayment. Outcome: appeal allowed.

Overpayment – appeal against Ministry of Social Development’s treatment of ACC arrears for benefit purposes. Whether Ministry correct to allocate ACC arrears so as to create an overpayment of $13,923.47 in relation to accommodation supplement and other support outside Appellant’s main benefit. Ministry’s approach inconsistent with statutory deeming provision in s 252 Accident Compensation Act 2001. Outcome: appeal allowed.

Superannuation – appeal against a decision by the Benefits Review Committee. Appeal against decision to deduct appellant’s Russian pension from their New Zealand Superannuation entitlement. The meaning of “entitled to receive” in section 188 of the Social Security Act 2018 excludes circumstances where a person is unable to receive their entitlement due to reasons well beyond their control as was the case with the appellant. Outcome: appeal allowed.

Superannuation – appeal against decision around against appellant’s entitlement to New Zealand superannuation. Issue was whether appellant was a resident of New Zealand before 2 September 2013.  No error made by Ministry of Social Development in determining appellant was first resident in New Zealand from 2 September 2013. Outcome: appeal dismissed.

Superannuation Eligibility timeframes - appeal against decision of Chief Executive confirmed or varied by Benefits Review Committee. Appellant entitled to NZ superannuation. Authority entitled to rely on Appellant’s evidence. Outcome: appeal allowed.

Appeal against declined application for home help domestic emergency support. Outcome: appeal dismissed.

Childcare subsidy - appeal against a decision of the Ministry declining to pay childcare subsidies during specified time period. Appellant correctly using entitlement for its purpose. Outcome: appeal allowed.

Holiday Pay – appeal against a decision by the Benefits Review Committee regarding appellant’s stand down period. Whether the Ministry’s approach was correct in law. The decision is legally correct. The provisions relating to “holiday pay” are clear and apply to this case. Deciding where the thresholds are set for stand down periods is a matter that must lie with the persons responsible for formulating the legislation. Outcome: appeal dismissed.

Replacement decision on costs relating to a New Zealand Superannuation decision. Outcome: costs award amount corrected.

Special Needs Grant - appeal against decision to decline an application for a special needs grant on a non-recoverable basis. Application made to purchase a security camera. Appellant’s circumstances, including mental health risks and financial stress, require the grant to be non-recoverable. Outcome: appeal allowed.

Accommodation Supplement, Temporary Additional Support – appeal against a decision of the Benefits Review Committee. Whether appellant provided all information required for his entitlement, if so, whether he was entitled to assistance. Authority not satisfied appellant has provided sufficient evidence for accommodation costs to be assessed. Outcome: appeal dismissed.

Overpayment – appeal against decision to recover overpayment of Domestic Purposes Benefit, Sole Parent Support, Accommodation Supplement, and Temporary Additional Support due to having assets and/or income over the allowable limits at the relevant time. Received benefits and supplementary assistance at rates above her entitlement. Outcome: appeal dismissed.