Asking for a review of decision
If we’ve made a decision that you don’t understand or disagree with, please talk to your case manager first. They’ll be pleased to explain the decision and put things right if there has been a mistake.
We’re committed to putting things right
We're committed to seeing that you get all the assistance you're entitled to and we'll work with you or your representatives to see that this happens.
If you still disagree with our decision, you can apply for a formal review. You need to do this within three months of the original decision, unless there's a good reason that you were unable to apply within this time.
How to apply for a formal review of decision
You can either complete a Review of Decision form or write us a letter. You don't have to use legal language. Just state what decision you disagree with and why, and what you think should have happened. Please tell us if there's anything else you think we should know.
Send your form or letter to your local office. We'll write to you to confirm we have received it.
The internal review
When we get your review application we'll complete an internal review, where we check the original decision. If we agree the decision is incorrect, we'll put things right.
We aim to write to you with the outcome of your internal review within two weeks of having received your review application.
Decision overturned
If we agree with your review application, we may ask you to come into our offices to complete some forms so that we can change the arrangements we had put in place.
Decision upheld or partially upheld
If we think the original decision or part of the decision is correct and we don't change it, we'll send your review application to the Benefits Review Committee (BRC). The BRC will send you a copy of the report and ask you to contact them to arrange a time for a hearing.
The Benefits Review Committee
The Benefits Review Committee (BRC) is a review body who makes sure correct and fair decisions are made with regard to procedure and law.
What does the BRC do?
The BRC will take a fresh look at all the information and makes a decision about your review application. They will take your individual circumstances into account.
Who is on the BRC?
The BRC is made up of three people who have had no involvement with the original decision. One will be a person from the community that the Minister for Social Development and Employment has appointed. The other two are usually experience staff from the Ministry of Social Development.
The hearing
A review hearing is an informal meeting where the BRC meets to consider your review application. It usually lasts about 40 minutes and is held in a private room.
You're encouraged to attend the review hearing so that you can answer any questions or present information. You're welcome to have a support person, client representative or lawyer with you. You can also ask a lawyer to go in your place. If you decide not to attend, the BRC will still discuss your application.
If you applied for a Review of Decision more than three months after the decision was made, the BRC will hold an initial hearing to decide whether it should hear your review application. If it decides to hear your review application, a second hearing will be arranged.
After the hearing
It takes about five weeks from the time your review application goes to the BRC until you get a decision.
The BRC chairperson will write to you soon after your hearing to tell you their decision.
Decision overturned
If the BRC agrees with you, your local service centre must put things right. You may be asked to come into one of our offices to complete some of the relevant forms, and so the Ministry can explain to you the changes they're making.
Decision upheld or partially upheld
If you disagree with the decision the BRC makes you can appeal to the Social Security Appeal Authority. The BRC will explain your right to appeal when it writes to you with its decision.
The Authority is an independent judicial tribunal made up of people who don't work for the Ministry of Social Development. For more information about the Authority, contact:
Ministry of Justice
Tribunals Unit,
Attention: The Secretary
Social Security Appeal Authority
Private Bag 32001
Panama Street
Wellington
Review of decision relating to a medical assessment
There are separate review provisions for decisions made on medical grounds relating to the Invalids Benefit, Child Disability Allowance or Sickness Benefit (and sometimes the Veterans Pension).
Cancelling your review application
You can cancel your application for a review of decision by writing to the Benefits Review Committee Co-ordinator. You can do this any time.
For more information
Please contact us if you have any questions about the review of decision process or want to know more about the hearings.
For free information and independent advice, you may like to contact the Citizens Advice Bureau:
- call 0800 FOR CAB (0800 367 222)
- visit their website www.cab.org.nz.