Part 7Reviews and appeals
Reviews by benefits review committee: Rights of review
391Right to seek review of specified decision of MSD made under delegation
A person may make an application to MSD for a review by a benefits review committee of a decision of MSD, but only if—
- the person and the decision are of kinds specified in the same row of the following table; and
- the decision is made in the exercise of a function, power, or discretion conferred by a delegation; and
- the decision is made in relation to the person or estate; and
- the decision is not one that section 340(3)(b), 343(b), 371(b), or 396 prevents from being appealed to the appeal authority (for example, because that kind of decision is appealable to the medical board).
- to recover, from a spouse or partner who misleads MSD, an excess amount the beneficiary obtained; and
- made under regulations made under section 444 (referred to in section 399(1)); and
- that includes the decisions in row 1 of the table in section 399(1)
- to recover from a spouse or partner an apportioned excess amount the beneficiary obtained by fraud; and
- made under regulations made under section 444 (referred to in section 399(1)); and
- that includes the decisions in row 2 of the table in section 399(1)
- to recover from a spouse or partner an unapportioned excess amount the beneficiary obtained by fraud; and
- made under regulations made under section 444 (referred to in section 399(1)); and
- that includes the decision in row 3 of the table in section 399(1)
- to recover from the estate of the deceased beneficiary an excess amount the beneficiary obtained; and
- made under regulations made under section 444 (referred to in row 4 of the table in section 399(1))
- to recover from the estate of the beneficiary’s deceased spouse or partner an excess amount the beneficiary obtained; and
- made under regulations made under section 444 (referred to in section 399(1)); and
- that includes the decision in row 5 of the table in section 399(1)
For the purposes of subsection (1)(c), a decision is not made in relation to a person or an estate by reason only that the decision has an economic or other effect on the person or estate.
| Row | Person who may make application for review | Decision to be reviewed | |
|---|---|---|---|
| Decision under specified social assistance enactment | |||
| 1 |
An applicant or a beneficiary |
A decision of MSD made under an enactment referred to in section 397(1)(a) to (g) |
|
| Decision under mutual assistance provisions in reciprocity agreement | |||
| 2 |
An applicant or beneficiary or other person |
A decision of MSD made using a power under section 384 (MSD may use mutual assistance provisions to recover debts) (referred to in section 398) |
|
| Decision to recover from spouse or partner who misleads MSD excess amount beneficiary obtained | |||
| 3 |
A beneficiary’s spouse or partner |
A decision of MSD— |
|
| Decision to recover from spouse or partner apportioned excess amount beneficiary obtained by fraud | |||
| 4 |
A beneficiary’s spouse or partner |
A decision of MSD— |
|
| Decision to recover from spouse or partner unapportioned excess amount beneficiary obtained by fraud | |||
| 5 |
A beneficiary’s spouse or partner |
A decision of MSD— |
|
| Decision to recover excess amount from deceased beneficiary’s estate | |||
| 6 |
The personal representative of a deceased beneficiary |
A decision of MSD— |
|
| Decision to recover excess amount from deceased spouse’s or partner’s estate | |||
| 7 |
The personal representative of a beneficiary’s deceased spouse or partner |
A decision of MSD— |
|
Compare
- 1964 No 136 s 10A(1), (1A)