HIYU - December 2021
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Increase to fees for BRC Community Representatives
The final round of fee increases will take effect from 1 January 2022, with the daily rate for more than three hours work increasing from $256.69 to $262.52.
|
Date of increase |
Daily rate |
% of increase |
New rate |
|---|---|---|---|
|
1 January 2022 |
Up to and including 3 hours work |
2.5% |
$131.26 |
|
1 January 2022 |
Over 3 hours work |
2.5% |
$262.52 |
There has been a decrease for the mileage allowances for travel to and from Benefits Review Committees. The reimbursement rate which is based on the standard IRD rate has reduced to 79 cents per kilometre for all categories of vehicles.
COVID-19 and BRC hearings
It has been another year with hearings being disrupted with alert level changes and lockdowns. When there is concern about community transmission, hearings can be held by teleconferencing (by Jabber) or by video conference through a Ministry Zoom account.
Quarterly Review of Decision statistics
Here are some stats for the quarter from July to September 2021
|
Requests |
Timeliness |
Resolved prior to a BRC |
|---|---|---|
|
1254 review of decision applications were received during this quarter, a 7% decrease compared to the last quarter. |
The timeliness during the quarter was 74%, which is a 6% decrease compared to the last quarter. |
54% of reviews received were either withdrawn or overturned at internal review stage, a 3% decrease over the last quarter. |
This graph shows review of decisions received and those escalated to a Benefits Review Committee. For the quarter ended June 2020 720 received and 109 went to a BRC, quarter ended September 2020 1261 received and 401 went to a BRC, quarter ended December 2020 1279 received and 285 went to a BRC, quarter ended March 2021 1418 received and 273 went to a BRC, quarter ended June 2021 1352 received and 323 went to a BRC and for the quarter ended September 2021 1254 received and 268 went to a BRC.
Benefits Review Committee Outcomes
|
Service Line |
Upheld |
Overturned |
Partially upheld |
Does Not Lie |
|---|---|---|---|---|
|
Work and Income |
156 (80%) |
24 (12%) |
16 (8%) |
0 |
|
Senior Services |
52 (84%) |
3 (5%) |
7 (11%) |
0 |
|
Fraud and Debt |
4 (80%) |
1 (20%) |
0 |
0 |
|
StudyLink |
2 (50%) |
1 (25%) |
1 (25%) |
0 |
|
Totals |
214 (80%) |
29 (11%) |
24 (9%) |
0 |
New version of the Report of the BRC
Our Southern and Canterbury regions have been testing a streamlined version of the ‘Report of the Benefits Review Committee’. We recognised that there is value in rolling out this new version MSD wide and have added it to the Report Templates in Doogle. We are working on adding the new version to HIYA -RoD system. Here is a copy of the new report template:
This new version of the report means there is no copying and pasting of the Case for the Ministry and will hopefully encourage panels to put more complete details in the Findings. The Findings should include clear reasons for the decision and how the legislation supports the decision. The Findings should also respond to all points raised by both parties and make clear instructions for implementing the decision.
Additional information required for the BRC to make a decision
We have had a couple of recent complaints from clients and Beneficiary Advocates about concerns that additional information was being gathered after the Report to the BRC has been sent and prior to a BRC being convened by either the proposed panel members or presenters.
If the BRC panel require additional information that is not included in the Report to the BRC or from the discussion during a Hearing, this is to be requested from the Ministry through the Presenter at the Hearing or the BRC Co-ordinator after the Hearing. Panel members must not access a client’s benefit record for further information. The hearing may need to be adjourned until the further information is provided.
The Applicant is to be included in any requests and responses of further information from the Ministry.
Further information can be found in the Panel Members Information Pack:
New information provided prior to the BRC
If additional information is provided to the Benefits Review Committee/co-ordinator it must also be provided to the other party (e.g. the Ministry or applicant). The other party must be granted adequate time to consider the additional information prior to the review hearing if possible. Alternatively the hearing can be postponed until the other party has had sufficient time to consider the additional information. If the hearing is postponed, it is important that a new hearing date is arranged at the time. This ensures that there is not an unreasonable delay before the committee meets to consider the decision under review.
New information presented at a BRC
If new information is presented at the hearing the committee needs to ensure that each party has time to consider any new material, and if necessary an adjournment should be granted. It is important that both parties are given reasonable opportunity to respond to any new information before the committee takes account of that new information in its decision making process.
Depending on the nature of the new information the adjournment could be to later the same day or another hearing date.
Additional information required for the BRC to make a decision
If the BRC requires further information it may adjourn the hearing, asking for more information from the Ministry or the applicant (or both). It may also seek submissions on any aspect of the law. If this is the case, both parties will be asked to provide submissions. Such an adjournment may occur while you are still present at the hearing or after you have left. If it is after you have left the hearing the chairperson will write to both the Ministry and the applicant requesting the further information and setting down a new date for the panel to reconvene. It is up to the panel to decide whether or not it is necessary for the attendance of the applicant and the Ministry at this further reconvened meeting.
https://www.msd.govt.nz/about-msd-and-our-work/contact-us/complaints/review-of-decision.html
Review of ‘Out of Time’ Guidelines
In our HIYU – June 2021 edition we included information about the review of the ‘Out of Time’ guidelines.
It’s been a long consultation process and we have appreciated all the feedback and input from Community Law, the National Beneficiary Advocacy Consultative Group and MSD Policy and Legal. We’re close to finalising what the guidelines will look like so we can update the Report Writers and the Panel Member Information Packs, training, OOT Review of Decision report templates and information for clients.
Vaccinations and work obligations
People who are receiving Jobseeker Support have a general obligation to be available for work and be taking reasonable steps to obtain work. They are also obligated to accept any offer of suitable employment. If they do not meet those obligations without a good and sufficient reason, MSD may impose sanctions.
MSD takes into account a range of factors in identifying suitable employment opportunities for clients. An employment opportunity that requires someone to be vaccinated would generally not be considered suitable employment if that person advises us, they are not vaccinated. Declining an offer of employment because they do not meet this criteria would not generally be considered a breach of their obligations.
A person who was already employed when the vaccination requirements came into force and they couldn’t be redeployed by their employer and as a consequence had to leave their employment because this is a significant change to the conditions of their employment. Then MSD wouldn’t apply a voluntary unemployed 13 week standdown when the person applies for benefit.
https://www.workandincome.govt.nz/eligibility/lost-job/lost-job-vaccination.html
Supporting people with COVID-19 isolating at home
A new COVID-19 Protection Framework Welfare Response has been announced by Ministers.
We know many New Zealanders will be able to manage their situation themselves and may just need some information and know who to call if they need help. Others will require a variety of supports to meet their individual or whānau needs particularly where those needs are complex.
The Ministry of Social Development is leading the coordination of the welfare approach, working closely with key agencies across the health, housing education, economic and other sectors, and with iwi/Māori.
This response is designed to support New Zealand's health response to minimise the spread of COVID-19 and protect New Zealanders while they and their whānau self-isolate.
The Regional Public Service Commissioners are leading the regional alignment and coordination of the public service contribution to the CPF, including the welfare approach.
While most people who test positive for COVID-19 and their immediate household will be able to get food delivered by friends or family, some people and whānau will need help including those with more complex circumstances.
We also recognise that while some people are able to work from home and are less likely to lose their jobs if they have to self-isolate, others are much more financially vulnerable if they have to stay home.
Help will be available for those who need welfare support whether it’s food and groceries, or other issues.
An 0800 COVID-19 welfare support helpline for people who have to self-isolate will be available. Other agencies, councils and providers will also play key roles, based on what a region has decided will work best for their area.
Subsequent Child Policy ends
The Subsequent Child policy ended on 8 November 2021. This change means we’ll now consider the age of the youngest child in someone’s care when deciding whether they need to look for part- or full-time work, and if they’re eligible for Sole Parent Support rather than Jobseeker Support.
More New Zealanders to get hardship support
People who are struggling to meet essential costs such as rent, heating, and food may be eligible for hardship support from Work and Income. The income limits are increasing for a Special Needs Grant, Recoverable Assistance Payment or Advance Payment of Benefit from 1 November . Anyone who meets the increased income thresholds, such as casual or part-time workers, or people who aren't already getting financial support may be eligible for assistance.
The new income level limits will be in place until 28 February 2022.
New Ministry for Disabled People
Minister Sepuloni and Minister Little have announced the establishment of a new Ministry for Disabled People.
MSD will set up the new Ministry, which will support disabled people living in New Zealand – that’s an estimated 1.1 million people. We will host the Ministry but it will operate independently.
A new Ministry for Disabled People is part of the country’s wider health and disability reforms and is based on the Enabling Good Lives’ vision that all disabled people and their whānau have greater choice and control over their supports and lives.
Having a dedicated, independent agency is something the disability community has wanted for some time. Locating it in MSD supports the need to take a whole-of-life approach to disability, not just look at it through a health lens.
Superannuitants in Australia can apply to have payments continue
New Zealand Super and Veteran’s Pension clients who travelled to Australia during the quarantine-free travel period and are now unable to return home can apply for their payments to continue while overseas.
Wishing you a Merry Christmas and a Happy New Year
The Client Advocacy and Review team would like to thank you for your hard work throughout 2021.
We hope you have a good break, keep safe and have a Merry Christmas and Happy New Year.
Handy references
The following page has useful links and information about the ROD/BRC process including the expense claim form, information packs and the HIYU newsletter:
Feedback
Please let us know if you find these newsletters useful or if there is other information that you would like included in these. The Client Advocacy and Review Team welcomes any feedback from you. The team’s contact details are below.
For more details contact
- Raj Menon: 04 916 3648
- Uiti Pelenato: 04 916 3857
- Christina Price: 04 931 2389
- Kate Simons: 04 913 3252
- Steve Rowell: 04 916 3759
- Email: Review_Client_Rep_Team@msd.govt.nz
