Social Security Act 2018

Consequential amendments

Schedule 7: Benefits review committees

You could also call this:

"Groups that help decide who gets benefits"

The Minister must set up a benefits review committee for every MSD office. You can find more information about this in section 393 and Schedule 1. The committee helps make decisions about benefits.

Each committee must have a few members. One member is chosen by the Minister to represent the community. This member is appointed under clause 2(a). Two other members are MSD employees chosen by the chief executive. The community representative can be paid for their work and get money back for travel expenses.

The committee makes decisions when it meets. All members must be there for a meeting to happen. The decision is made by any two members of the committee. An MSD employee cannot be on the committee if they were involved in the decision being reviewed. The Public Service Act 2020 and the Government Superannuation Fund Act 1956 do not apply to the community representative just because they are on the committee.

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7Benefits review committees Empowered by s 393, Schedule 1

1Establishment

  1. The Minister must establish at least 1 benefits review committee for every MSD office where decisions or recommendations in relation to the matters to which this Act applies are made or were made.

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2Membership

  1. Every benefits review committee must consist of—

  2. a person who is—
    1. appointed by the Minister; and
      1. to represent on the committee the community’s interests; and
      2. 2 MSD employees appointed by the chief executive, and—
        1. from time to time; or
          1. in respect of the particular review.
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          3Member to represent community’s interests

          1. This clause applies to the member appointed under clause 2(a).

          2. The member holds office on any terms and conditions that—

          3. are not inconsistent with this Act; and
            1. the Minister thinks fit.
              1. The member—

              2. may be paid remuneration at a rate and of a kind determined in accordance with the fees framework; and
                1. is entitled to be reimbursed for actual and reasonable travelling and other expenses in accordance with the framework.
                  1. The member is not, just because of membership of the committee, to be treated as employed in the service of the Crown for the purposes of—

                  2. the Public Service Act 2020; or
                    1. the Government Superannuation Fund Act 1956.
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                      Notes
                      • Schedule 7 clause 3(4)(a): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).

                      4Secretarial and administrative services

                      1. All secretarial and administrative services required for the committee’s purposes must be supplied by MSD.

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                      5Quorum, and committee’s decision, at meetings

                      1. At any meeting of the committee,—

                      2. the quorum is the committee’s total membership; and
                        1. the decision of any 2 members of the committee is the committee’s decision.
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                          6MSD employee cannot act as committee member if that employee was involved in decision being reviewed

                          1. An MSD employee cannot act as a member of the committee if that employee was involved in the decision being reviewed.

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