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Social Security Act 2018

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

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

You could also call this:

"Some health and disability decisions can't be appealed to the authority"

If you appeal a decision made by the Ministry of Social Development, there are some things the appeal authority cannot consider. They cannot hear appeals about decisions related to your health, injury, or disability when it comes to jobseeker support. The appeal authority also cannot consider appeals about supported living payments if they are related to your work capacity or blindness, as outlined in section 411. They cannot hear appeals about child disability allowances under section 78 or veteran's pensions under section 164 of the Veterans’ Support Act 2014.

If a decision was made under section 155 or section 250(1)(a), you might be able to appeal to the medical board, as shown in the table in section 411. In these cases, you cannot appeal to the authority under section 397(1)(a). This means you have to follow a different process to appeal these types of decisions.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783940.

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

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

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397: Decision under specified social assistance enactments, or

"Rules for disagreeing with MSD decisions about your benefits or support"

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

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

  1. The appeal authority must not, despite sections 397, 398, and 399, hear and determine any appeal on medical grounds, grounds relating to incapacity, or grounds relating to capacity for work, against any decision of MSD in respect of—

  2. jobseeker support on the ground of health condition, injury, or disability; or
    1. a supported living payment on the ground of restricted work capacity or total blindness (see rows 11 and 12 of the table in section 411); or
      1. a child disability allowance under section 78; or
        1. a veteran’s pension under section 164 of the Veterans’ Support Act 2014.

          1. No appeal lies under section 397(1)(a) against—

          2. a decision under section 155 against which an appeal lies under row 7 or 8 of the table in section 411 to the medical board; or
            1. a decision under section 250(1)(a) against which an appeal lies under row 10 of the table in section 411 to the medical board.

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