Social Security Act 2018

Reviews and appeals - Appeals to appeal authority - Restrictions on appeals

395: Appeals only against decision confirmed or varied by benefits review committee or made by chief executive personally

You could also call this:

“You can only appeal decisions that a committee or the boss have looked at”

You can only appeal certain decisions. These decisions are either ones that a benefits review committee has confirmed or changed, or decisions that the chief executive made personally. The chief executive’s personal decisions are those they made themselves, not ones they asked someone else to make for them. You cannot appeal any other decisions under sections 397, 398, or 399.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783939.

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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”


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396: Authority cannot hear and determine certain appeals on medical or capacity grounds, or

“Certain medical and work ability appeals cannot be decided by the appeal authority”

Part 7 Reviews and appeals
Appeals to appeal authority: Restrictions on appeals

395Appeals only against decision confirmed or varied by benefits review committee or made by chief executive personally

  1. No decision can be appealed against under section 397, 398, or 399 unless the decision—

  2. has been confirmed or varied by a benefits review committee; or
    1. was made by the chief executive personally (not under a delegation of the chief executive’s functions or powers).
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