HIYU - December 2022
On this Page:
Wishing you a Merry Christmas and a Happy New Year
The Client Advocacy and Review team would like to take this opportunity to thank you for your hard work throughout 2022. It’s been a busy year!
We hope you keep safe and enjoy the summer break for those of you taking one! Look forward to hearing from you in 2023.
Meri Kirihimete
Changes to the Out of Time Process
September saw the roll out of improvements to the Out of Time Process. These changes were made following discussions with the Ombudsman, clients, advocates, and staff.
The Ministry should ensure that it considers the following when an application for a Review is received out of time.
- Was the review received within three months? things to consider when determining if the review was received within three months of the decision
- What is a good reason and/or consideration for a delay? The Ministry has provided more guidance around what must be taken into account, when there is a delay in requesting a Review of Decision,
More detail around this process and the improvements can be found on Page 16 to 17 of the Benefit Review Committee Panel Members Information Pack on our website.
Updates to the Review of Decision Form
To make the process easier and more accessible for all of our clients, the Review of Decision form has undergone some fabulous changes:
The Review of Decision Form is now an Interactive form, this means Work and Income / StudyLink staff can complete these on behalf of clients over the phone. The form will be accessible, and in line with many of our other interactive forms.
- Question 11: The Review of Decision form has been merged with the StudyLink Review of Decision form, allowing clients to use one form for the same purpose, and additional check boxes so we can ensure the form gets to the right team.
- Question 12: There is more room for the client to write why they disagree with the reason
- Question 13: The September Out of Time updates have been included on the form as Help Text. For more information on these changes please refer to Page 16 to 17 of the Benefit Review Committee Panel Members Information Pack on our website
- The existing PDF Version that clients can print off and complete, will also be updated and continue to be accessible for all clients
New Report of the BRC
There has been a good take up by Panels using the new ‘Report of the BRC’ template. The new Report of the BRC, can be obtained through your local Benefit Review Committee Co-ordinator or Site Manager.
The new report is streamlined and more targeted at what occurred at the hearing. The report writer no longer has to copy and paste the ‘Report to the BRC’ into the report, as this will be an attachment to the new report.
Reports of the BRC
As one of the panel members on the Benefits Review Committee, the Community Representative is responsible for signing off the Report of the BRC. Panel members should fully check the Report of the BRC and correct any errors, grammar and spelling. The panel members should make sure that the report sets out the deliberations of the committee, its reasoning and its decisions on all points raised. It should include that:
- both the applicant’s case and the Case of the Ministry needs to be fairly represented in the final report
- the final report needs to fully explain to the applicant the reasons for the decision made by the committee. “Full reasons” does not mean a short bullet point list. The applicant should see that their arguments have been considered and addressed, and should understand the basis for the decision the committee reached
- reference to the relevant legislation or policy and how this applies to the facts of the case for the decision.
If the panel are not sure of the policy and legislation, they should adjourn the hearing and request clarification from the Ministry.
The Panel members checklist and Panel members information pack are useful resources as to what is required in the Report of the BRC.
Changes to Dental Special Needs Grants
From 01 December 2022 – the Dental Special Needs Grant Programme is changing.
- Changing the treatment criteria from ‘emergency’ to ‘immediate and essential’
- Increasing the maximum available amount from $300 to $1,000 over a 52-week period
- Making multiple applications possible within a 52-week period
- Clarity about what treatments can be included
More information on this change is available through the Dental Treatment information page of our website.
Breakdown of debt
In the monthly performance monitoring, we have come across review of decision reports where a full explanation for and a detailed breakdown of the debt has not been provided to the client. The Ministry has in the past, been criticised by the Social Security Appeal Authority for not providing details of debts to the client.
An explanation of the debt should include:
- the reasons for establishing the overpayment
- the benefits overpaid
- the period of overpayment.
If an overpayment was established because of income, the breakdown of the overpayment should include:
- Period of overpayment
- Chargeable income for the period
- Income deduction
- Benefit amount DUE
- Benefit amount PAID
- The benefit overpayment (difference between benefits paid and benefits due).
Even in cases where the benefits amount payable is Nil, and the entire benefits paid becomes an overpayment, the breakdown should still be detailed as above.
Recruitment of new Community Representatives
If you know of anyone who is interested in being a Community Representative, they can apply at any time and there are details on the following link:
Mileage allowance
There has been an increase for the mileage allowances for travel to and from Benefits Review Committees. The reimbursement rate which is based on the standard IRD rate has increased to 83 cents per kilometre for all categories of vehicles.
Performance Monitoring feedback
Every month our team at National Office complete a check of a sample of Review of Decision reports of Service Delivery, to check whether they are in line with National Standards. The feedback from these checks is sent to BRC coordinators to be forwarded on to all panel members. If one of your cases was sampled, you should receive the feedback for this.
Whaikaha, the Ministry for Disabled People
The Ministry for Disabled People started on 1 July.
Further information can be found on the following link:
