Social Security Act 2018

Reviews and appeals - Reviews by benefits review committee - Committee

393: Benefits review committee

You could also call this:

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

You need to know about benefits review committees. These committees are set up and run according to Schedule 7 of the law. When you ask for a review of a decision about your benefits, MSD (Ministry of Social Development) will send your application to the right committee.

To decide which committee is right for you, MSD thinks about a few things. They look at where the MSD office is that made the decision you want to review. They also think about where you usually live or where you last lived. Most importantly, they want to make it easy and cheap for you to attend or take part in the review hearing.

Sometimes, the right committee might not be at the same MSD office that made the decision. For example, if you’ve moved to a new place after the decision was made, MSD might choose a committee closer to your new home. This way, it’s easier and cheaper for you to be part of the review process.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783934.

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

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


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394: How to begin, and procedure and powers for, review by benefits review committee, or

“How to start and carry out a review of your benefit decision”

Part 7 Reviews and appeals
Reviews by benefits review committee: Committee

393Benefits review committee

  1. Every benefits review committee is established, and operates, in accordance with Schedule 7.

  2. MSD must refer an application made under section 391 to the appropriate benefits review committee.

  3. In determining what benefits review committee is the appropriate benefits review committee, MSD must have regard to—

  4. the location of the MSD office in which was made the decision of MSD that is the subject of the application; and
    1. the location of the applicant’s usual or last known place of residence; and
      1. how the applicant can conveniently, and at minimum expense, attend in person, or otherwise take part in, a review hearing.
        1. The appropriate benefits review committee may be the benefits review committee of an MSD office other than the MSD office in which was made the decision of MSD that is the subject of the application.

          Example

          The decision of MSD that is the subject of the application was made in the MSD office at a location. Afterwards, the applicant moves away from that location. The benefits review committee of the MSD office of a location nearer to the applicant’s new usual place of residence is appropriate because it enables the applicant conveniently, and at minimum expense, to attend in person, or otherwise take part in, a review hearing.

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