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Financial Assistance

Some reasons for having a representative

You can have a representative for any reason. This might be because:

• you’re overseas
• you have difficulty communicating
• you have mobility issues that makes it physically hard to go to our offices
• you’re ill
• you’re living in residential care or an institution
• you disagree with a decision we made and want help or advice
• you’ve been served with a trespass notice which says you can’t enter our offices.

What your representative can do

Your representative can only do what you say they can do. This can include anything that you have the right to do. You can also state what they can’t do. The exception to this is when your representative has been appointed by a court order. In this case the court order determines what they can and can’t do.

Some examples of what you might want your representative to do are to:

• get personal information we hold about you
• provide information on your behalf, such as change of address or income details
• receive your mail from us
• complete and sign application forms on your behalf
• have authority over your affairs, as granted by a current Power of Attorney
• be paid part or all of your benefit on your behalf.

You don't lose your right to talk to us, or act for yourself when you have a representative. You can cancel or change your agreement at any time. The exceptions to this are when your representative was appointed by a court order or holds an Enduring Power of Attorney.

Having your benefit paid to your representative

There needs to be a good reason before we will pay your benefit to your representative. This could be because:

• you’re ill and cannot physically withdraw money from your bank account or manage your finances
• you’re living in residential care or an institution
• you’re misusing your benefit payment and the wellbeing of your family is put at risk.

Help when you disagree with a decision we made

You may want someone to help you if you don't understand or disagree with a decision we made.

There are advocate groups who may be able to provide you with an independent advocate who has experience in dealing with us.

A good advocate can work with us to see that you get all the assistance you're entitled to. They can help explain your situation in meetings with us or in a review or appeal process.

If you disagree with us on a legal matter you may want to have a lawyer represent you.

You can find an advocate through a citizens advice bureau or community law center near you.

Who can be your representative

You can make any person or organisation your representative.

Depending on what you want your representative to do, the most appropriate person might be either:

• a family member
• someone you trust
• an person or organisation that cares for you
• an advocate
• a lawyer.

You can have more than one representative. They may represent you for different things. For example, you may have a family member who fills in forms for you and an advocate who represents you in a dispute with us.

If we have a good reason, we have the right to decline to work with a representative that you appointed. A good reason why we may decline to work with a representative could be because they:

• are under 18 and not your partner
• can’t enter our offices because of a trespass notice.

How do you appoint a representative

Making someone your representative is just a matter of deciding who you want to represent you and then deciding what you will allow them to do for you.

We will only deal with a representative with your agreement.

The agreement must be in writing except where you will be present with your representative. In that case verbal agreement is fine.

Your written agreement must:

• name you and your representative
• confirm exactly what rights and responsibilities you’re granting your representative
• be signed by both you and your representative.

You also need to ensure that the agent provides proof of their identity.

Court appointed representatives

In some cases a court may make someone your representative. This could be for example, if you can't act for yourself. The court order will state what powers your representative has.

You can't change or cancel the conditions of the court order. Only the court can do that.

Representative appointed without your agreement

In exceptional circumstances, we may allow someone to act as a person's representative without any legal document. An example might be when someone is in a coma and needs assistance from us and there isn't time to get a court order. We would normally need a medical certificate, or other evidence that the person is unable to act for themselves temporarily.

In these sorts of cases we will always act in what we believe are the best interests of the person receiving assistance.

Power of attorney

If someone has your power of attorney or enduring power of attorney, they can act as your representative.

You can change or cancel someone's power of attorney but not someone's enduring power of attorney.

Having someone to help you

Citizens Advice Bureau is an independent community organisation that can help you find a representative. They provide information, independent advice and support to individuals. Their services are free, impartial and confidential.

To contact Citizens Advice Bureau, either:

• call 0800 FOR CAB (0800 367 222)
• visit their website at www.cab.org.nz.