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Social Security Act 2018

Reviews and appeals - Reviews by benefits review committee - Rights of review

392: Application must be made within 3 months after date of notification or further period allowed

You could also call this:

“You must ask for a review within 3 months, or explain why you need more time”

If you want to ask for a review of a decision, you need to do it within 3 months of when you were told about the decision. This is called making an application for review. If you can’t do it within 3 months, you can ask for more time, but you need a good reason.

You are considered to have been told about the decision when you get a notice about it. The notice will be sent to you in a way that follows the rules set out in section 449 of the law.

If you miss the 3-month deadline, you can ask the committee for more time. You can ask for this extra time before or after the 3 months are up. The committee will give you more time if they think you have a good enough reason for being late.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783932.

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391: Right to seek review of specified decision of MSD made under delegation, or

“You can ask MSD to look again at some decisions they made about you”

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393: Benefits review committee, or

“A group of people who review decisions about your benefits”

Part 7 Reviews and appeals
Reviews by benefits review committee: Rights of review

392Application must be made within 3 months after date of notification or further period allowed

  1. The application for review must be made within—

  2. 3 months after the date of receiving notification of the decision; or
    1. a further period the committee has under this section allowed.

      1. An applicant for review is treated as receiving notification of the decision in line with regulations made under section 449 if—

      2. a decision is made in respect of which an application for review lies to the committee; and
        1. notice of the decision is given to the applicant in a way prescribed by those regulations; and
          1. the notice is (in the absence of evidence to the contrary) taken to have been received by the applicant as provided by those regulations.

            1. The committee may allow a further period within which the application must be made if—

            2. the application is not to be, or has not been, made within that 3-month period; and
              1. the committee is asked, before or after the end of that 3-month period, to allow a further period; and
                1. the committee considers there is good and sufficient reason for the delay.

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