Plain language law

New Zealand law explained for everyone

Social Security Act 2018

Reviews and appeals - Appeals to appeal authority - Rights of appeal

397: Decision under specified social assistance enactments

You could also call this:

“Rules for disagreeing with MSD decisions about your benefits or support”

You can appeal to the appeal authority if you disagree with a decision made by MSD (Ministry of Social Development) about you. This applies to decisions made under several laws and regulations. These include parts of the Social Security Act, special assistance programmes, rules about entitlement cards, and laws about residential care, disability support, veterans’ support, superannuation, and family benefits for home ownership.

If MSD makes a decision about you under the Residential Care and Disability Support Services Act, you can appeal even if you’re not currently receiving benefits.

It’s important to know that just because a decision affects you financially or in some other way, it doesn’t automatically mean it was made about you. There are some exceptions to your right to appeal, which are mentioned in other parts of this Act.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783942.

Topics:
Money and consumer rights > Banking and loans
Government and voting > Government departments
Health and wellbeing > Healthcare services
Family and relationships > Children and parenting
Previous

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”

Next

398: Decision under reciprocity agreements, or

“You can challenge MSD's decisions about money owed under special agreements”

Part 7 Reviews and appeals
Appeals to appeal authority: Rights of appeal

397Decision under specified social assistance enactments

  1. An applicant or beneficiary may appeal to the appeal authority against any decision or determination of MSD made in relation to the applicant or beneficiary under—

  2. any provisions of (or of any regulations made for the purposes of any provisions of) Parts 1 to 6 and Schedules 1 to 5; or
    1. a special assistance programme approved by the Minister under section 100 or 101; or
      1. any regulations in force under section 437 (regulations: issue and use of entitlement cards); or
        1. any provisions of, or of regulations made under, the Residential Care and Disability Support Services Act 2018; or
          1. Part 6 of the Veterans’ Support Act 2014, subject to section 175(2) of that Act; or
            1. Part 1 of the New Zealand Superannuation and Retirement Income Act 2001; or
              1. the Family Benefits (Home Ownership) Act 1964.

                1. Subsection (1)(d) applies to a person in relation to whom a decision is made under any provisions of, or of regulations made under, the Residential Care and Disability Support Services Act 2018, as if the person were a beneficiary.

                2. For the purposes of subsection (1), a decision or determination is not made in relation to an applicant or a beneficiary by reason only that the decision or determination has an economic or other effect on the applicant or beneficiary.

                3. This section is subject to provisions to the contrary in this Act (for example, sections 340(3)(b), 343(b), and 371(b)).

                Compare