HIYU - August 2024
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Findings of the Benefit Review Committee - Report
Panellists at BRC Hearings should ensure that all elements of the Review of Decision and outcome are covered in their findings.
- Findings should also incorporate how the committee came to its decision.
- The law / legislation / policy / direction / welfare programme etc must be correctly applied to the case and included / referenced in the BRC Findings.
This is also detailed in our Information Packs - ‘Benefit Review Committee Panel Members’ - available via the Ministry's internal website and also the Ministry of Social Development Website attached to the 'Complaints about an income support or pension decision' page:
Documenting the decision (page 37)
Once the committee has made its decision it is documented in ‘Report of the Benefits Review Committee’. The chairperson is responsible for ensuring the report is completed.
The report sets out the deliberations of the committee, its reasoning and its decisions on all points raised. It requires that:
- both the applicant’s case and the Case of the Ministry needs to be fairly represented in the final report (The final report should not be restricted to a “cut and paste” of the Ministry’s submission)
- 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
- that the final report include reference to the relevant legislation or policy and how this applies to the facts of the case for the decision.
Commencement Date - Backdating Applications and Correction Power
When a client approaches the Ministry of Social Development and states that they made an application month or years ago, the Ministry will need to determine whether an application was made.
As part of the decision-making process the Ministry should consider the guidelines for deciding if an application has been made, and consider the legal rules we have already in place:
Scoble
An application for assistance for a particular purpose means the Ministry must consider all available types of financial assistance that relates to a particular purpose.
Taylor
An application for assistance for a particular purpose does not need to be in writing and can be made verbally to any staff member, during work hours, regardless of their role.
Section 311 Commencement of benefits
A benefit shall commence on the later of the date of application, or the date of entitlement, subject to stand down provisions. Limited backdating applies to some benefits, for example, the 28-day rule.
Section 317 and 318 of the Social Security Act 2018 - Correction Power
The Ministry has the ability to pay a benefit that should have been paid from an earlier date. This is known as correction power and can be used when:
- a client did not make or did not complete an application for a benefit at an earlier date and
- the reason the client did not make or did not complete an earlier application for a benefit was due to an error or omission on the part of the Ministry of Social Development.
Note in all cases the error or omission must have contributed to the client not making or completing an application for a benefit at an earlier time.
The procedure for individual cases of correction power is set out in:
Section 318 of the Social Security Act 2018 (Correction Power) and the Review of Decision process
The regional solicitor must be consulted by the manager client service delivery before the CMS correction power recommendation template is completed.
Once it is established that correction power should be considered in a particular situation, and that situation is for an individual case, the Ministry will need to follow the procedure for Individual cases of correction power (refer to links above).
Use of correction power
Every decision to approve or decline the use of correction power must be made by the Deputy Chief Executive Service Delivery.
Payment under correction power
When the Ministry of Social Development has made a decision to approve the use of correction power, the final amount of payment must be decided and approved by the Deputy Chief Executive Service Delivery.
This is set out under Section 318 of the Social Security Act 2018 - meaning that if Correct Power is determined to be the correct process for an applicant, the Review of Decision and Benefit Review Committee do not have the power to consider Correction Power. The Ministry process detailed above should be followed in all cases.
Community Representative Mileage Rate and Daily Fee's Update
Mileage Rate
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 from 01/04/2024 to $1.04 cents per kilometre for all categories of vehicles.
This rate is in line with the Inland Revenue Kilometre rates for 2023 – 2024.
More information around this is detailed under the Payment section of the ‘Community Representative to the Benefits Review Committee – Additional Information’ Pack available online at:
Daily Fee's
The daily rate is calculated in accordance with the Cabinet Office Circular 'CO (22) 2 - Revised Fees Framework for members appointed to bodies in which the Crown has an interest'.
- Paragraph 46 - 52: Daily Rate
- Paragraph 82 - 85: Payment for time spent in travel to meetings/sittings or on body business (daily fees only)
This can be found online at:
