Social Security Act 2018

Reviews and appeals - Appeals to medical board - Right of appeal

411: Right of appeal on medical grounds

You could also call this:

"Appealing a benefit decision because of a medical issue"

Illustration for Social Security Act 2018

You can appeal to the medical board if you disagree with a decision made by the Ministry of Social Development. This decision must be about you and be one of the types listed in the table. You can appeal decisions about benefits, such as jobseeker support, supported living payment, or child disability allowance, if they are made on medical grounds.

You can appeal a decision if it is about your ability to work, or if it is about a benefit being declined or cancelled. Some decisions are made using a work ability assessment by a health practitioner under section 118. These assessments help decide if you can work or if you need a benefit.

You can also appeal decisions about your work-test obligations or if you have a drug-testing obligation. If you are receiving a veteran's pension under the Veterans’ Support Act 2014, you can appeal a decision to decline or cancel this benefit on medical grounds. The medical board will review your appeal and make a decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783974.


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410: Appeal, with Supreme Court’s leave, against High Court’s or Court of Appeal’s determination, or

"Asking the Supreme Court if you can challenge a decision from another court"


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412: Appeal must be begun within 3 months of notification or further allowed period, or

"You have 3 months to start an appeal, but you can ask for more time if needed"

Part 7Reviews and appeals
Appeals to medical board: Right of appeal

411Right of appeal on medical grounds

  1. Any applicant or beneficiary may appeal to the medical board against a decision of MSD that is—

  2. made in relation to the applicant or beneficiary; and
    1. of a kind specified in a row of the following table.
      1. The following table is medium in size and has 3 columns. Column 1 is headed Row. Column 2 is headed Assistance or obligations. Column 3 is headed Decision to be appealed.
        Row Assistance or obligations Decision to be appealed
        1 Any benefit

        Determination—

      2. made in reliance on a work ability assessment by a health practitioner under section 118 (work ability assessment); and
        1. whether the person assessed is entitled to a benefit and, if so, what kind of benefit
          1. 2

            Jobseeker support—on the ground of health condition, injury, or disability

            Decision that a claim for this benefit is declined, or that this benefit is cancelled, in either case on medical grounds or on grounds relating to a person’s capacity for work

            3

            Jobseeker support—on the ground of health condition, injury, or disability

            Determination under section 141(1) that a beneficiary has, while receiving this benefit, the capacity to seek, undertake, and be available for part-time work, and so is required to comply with the work test on and after a date specified in a notice given under section 141(4)

            4

            Jobseeker support—on the ground of health condition, injury, or disability

            Decision to confirm, amend, revoke, or replace under section 141(6) a determination, and that results in a determination under section 141(1) that a beneficiary has, while receiving this benefit, the capacity to seek, undertake, and be available for part-time work, and so is required to comply with the work test on and after a date specified in a notice given under section 141(4)
            5

            Jobseeker support—on the ground of health condition, injury, or disability

            Determination—

          2. made in reliance on a work ability assessment by a health practitioner under section 118 (work ability assessment); and
            1. whether the person assessed, being a person receiving this benefit, has for the purposes of section 141(1) the capacity to seek, undertake, and be available for part-time work (see also section 155)
              1. 6

                Jobseeker support—except on the ground of health condition, injury, or disability

                Determination—

              2. made in reliance on a work ability assessment by a health practitioner under section 118 (work ability assessment); and
                1. whether the person assessed, being a person receiving this benefit, is entitled on an application or on MSD’s own initiative, to deferral of work-test obligations under section 155
                  1. 7

                    Jobseeker support—except on the ground of health condition, injury, or disability

                    Decision to decline under section 155 on medical grounds an application—

                  2. made by a beneficiary granted this benefit; and
                    1. made under section 155; and
                      1. for deferral of all or any of the beneficiary’s work-test obligations
                        1. 8

                          Jobseeker support—on any ground

                          Decision on medical grounds under section 155 to revoke a deferral granted under section 155 of all or any of the beneficiary’s work-test obligations

                          9

                          Work-test obligations or work-preparation obligations

                          Determination—

                        2. made in reliance on a work ability assessment by a health practitioner under section 118 (work ability assessment); and
                          1. whether the person assessed, being a person who is subject to work-test obligations or work-preparation obligations, has the capacity to meet those obligations
                            1. 10

                              Drug-testing obligation

                              Decision under section 250(1)(a) to the effect that a beneficiary does not have a good and sufficient reason, on the ground that the beneficiary is addicted to, or dependent on, controlled drugs, for either or both—

                            2. not complying with a drug-testing obligation:
                              1. failing to apply for suitable employment that requires candidates to undertake drug tests
                                1. 11

                                  Supported living payment—on the ground of restricted work capacity or total blindness

                                  Decision that a claim for this benefit is declined, or that this benefit is cancelled, in either case on medical grounds

                                  12

                                  Supported living payment—on the ground of restricted work capacity or total blindness

                                  Decision under section 123(1)(a) that a person receiving this benefit has the capacity to comply with obligations under section 125

                                  13

                                  Child disability allowance

                                  Decision that a claim for this benefit is declined, or that this benefit is cancelled, in either case on the ground that the child is not a child with a serious disability (as defined in section 79)

                                  14

                                  Veteran’s pension under section 164 of the Veterans’ Support Act 2014

                                  Decision to decline a claim for, or to cancel, this benefit, in either case on the ground of the applicant’s or beneficiary’s mental or physical infirmity

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