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Social Security Act 2018

Consequential amendments

Schedule 7: Benefits review committees

You could also call this:

“Groups that check if benefit decisions are fair”

The Minister must set up at least one benefits review committee for every MSD office where decisions about benefits are made. These committees help review decisions about benefits.

Each committee has three members: one person chosen by the Minister to represent community interests, and two MSD employees picked by the chief executive. The community representative gets paid and can claim expenses, but isn’t considered a government employee. MSD provides all the support services the committee needs.

For a committee meeting to happen, all three members must be there. Any decision made by two members becomes the committee’s decision. If an MSD employee was involved in making the decision being reviewed, they can’t be on the committee for that review.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6784942.

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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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