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:

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

The appeal authority can’t decide on appeals about certain medical or work ability issues. This means you can’t appeal to them about decisions made by the Ministry of Social Development (MSD) on:

  • Jobseeker support if you have a health condition, injury, or disability
  • Supported living payment if you have limited ability to work or are totally blind
  • Child disability allowance
  • Veteran’s pension

You also can’t appeal to the appeal authority about decisions that you can appeal to the medical board. These include decisions about:

  • Work ability assessments
  • Whether you can do full-time work

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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 7 Reviews 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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