review of decision
If we’ve made a decision that the young person doesn't agree with, they can ask for a review of decision
what is a review of decision?
Our youth have the rights to apply for a ROD at any time within 3 months of the original decision being advised. When a youth applies outside the three months, the Benefits Review Committee (BRC Committee) must decide whether or not to accept the application before it is considered for a review.
For decisions made by the Youth Service Support Unit (YSSU), decisions that are reviewable by our youth are outlined in any provisions of (or of any regulations made for the purposes of any provisions of) Parts 1 to 6 and Schedules 1 to 5 of the Social Security Act 2018.
Some examples of what our youth can review are:
- A decline of assistance they apply for – this can be YP, YPP, AS, GCAP etc.
- Commencement date for any assistance granted
- Establishment, amendment or recovery of debt
- Benefit rate of payment – this also includes sanctions
- Suspension or cancellations of benefits
If our youth disagree with a decision based on medical grounds, they can appeal the decision to the Medical Appeals Board. YSSU can still receive the ROD request but will refer this case to the Medical Appeals Board to investigate and refer for a hearing, if required.
It is important to note that not all decisions can be reviewed. Our youth have no right to appeal or apply for a review of decision, if their application for a benefit had lapsed under section 297 of the Social Security Act 2018.
This means that if YSSU lapses an application for any of the assistances we administer, our youth will not be able to apply for a ROD.
If you are unsure whether a decision made can or cannot be reviewed, please contact YSSU and ask to speak with our Report Writers and they will be able to help you.
Our youth can only review a decision once. If they wish to have the same decision reviewed again, their case will be referred to Legal Services.
who can apply for a ROD?
Our youth, our youth’s spouse or partner or an agent with appropriate authorisation from our youth can apply for a ROD. Any third party without written authorisation will not be able to apply for a ROD on behalf of our youth. An example of third parties are a parent or family member, health practitioner, friend, colleague etc.
stages of the review and appeal process
Generally, there are three stages to the review and appeal process. However, there is an additional stage that will need to be completed if our youth applies for a ROD outside 3 months of when the decision was made.
This is an internal MSD process only.
When the applicant applies for a ROD, this process gives YSSU the chance to have another look at their decision to ensure that the right decision was made. If YSSU find that their decision is incorrect, they will fix this for our youth and the ROD process may not take place. If it’s correct, they will prepare what is required so that the ROD case is taken to the BRC Committee.
If it needs to be taken to the BRC Committee, YSSU’s findings will be made into an Internal Review Report and submitted to a manager who will make a decision on the internal review.
The decision will be either of the three listed below:
- uphold the decision
- uphold the decision in part or
- overturn the decision.
Uphold means that the decision made by YSSU is correct.
For example, our youth submits a ROD disagreeing with the decision to decline their Youth Payment. The internal review finds that the decision is in line with Policy and Legislation and the decline is correct. The Manager may agree with this and therefore the decision is an uphold.
Uphold the decision in part means that part of the decision is correct, and part is not.
For example, our youth submits a ROD disagreeing with granting three of their Emergency Housing (EH) applications at a recoverable rate. The internal review finds two of the EHs to be correct and the other one identified as an error. The Manager may agree for YSSU to change that one EH to non-recoverable and leave the other two EHs as recoverable. Therefore, the decision will be an uphold in part.
Overturn means that the decision made is incorrect and that YSSU will need correct this error.
For example, our youth submits a ROD disagreeing with the decline of their Youth Payment. The internal review finds that the decision is not in line with Policy and Legislation. The Manager may agree with this and the YP will need to be granted. This then means the decision is overturned.
Where the internal review outcome is either an uphold or uphold in part for our youth’s ROD, the decision must go before the BRC Committee.
Where the internal review overturns YSSU’s decision, the issue will generally be resolved.
However, our youth has the right to choose whether or not to take their case to the BRC, even if there may not be an issue for the BRC to consider.
If the matter is required to be taken to the BRC for a hearing, a Report to the Benefits Review Committee will be completed.
The BRC Committee has three members:
- Two members are MSD representatives, and
- The third is a Community Representative appointed by the Minister for Social Development.
All three of the committee members will not have had any prior involvement in the case that is being reviewed.
The committee must act independently of the Ministry and make a decision within the law. The committee will take into account whether the decision is correct, fair and reasonable using the relevant Law and Policy.
If the Benefits Review Committee agree that the decision made by YSSU is to be either an uphold or uphold in part, our youth may apply for an appeal for the matter to go before the Social Security Appeal Authority (SSAA).
The SSAA is an independent judicial tribunal administered by the Ministry of Justice.
There is an additional stage for when our youth applies for a ROD. This only occurs when they have applied for a ROD outside 3 months of when the decision was made.
In such a case, a BRC Out of Time Report will be completed for the BRC Committee.
A hearing will be held where the BRC Committee will consider whether the reason our youth did not apply within 3 months is good and sufficient.
If the BRC Committee decide that the reason for delay is good and sufficient, they will hear the ROD case.
If the BRC Committee decide not to hear the case, the ROD process will end. Our youth will also not be able to make an appeal to the SSAA about this decision.
If their case is accepted to be heard by the BRC Committee and our youth still disagrees with the outcome, then they will be able to make an appeal to the SSAA.
This stage will be made before Stage 2 if our youth apply for a ROD outside 3 months, but within 7 years.
If they make an ROD application outside 7 years of when the decision was made, this stage will replace Stage 1.
Our youth can withdraw their application for a review at any stage and can put this in writing or make contact with YSSU to confirm this. There is also a contact number on the acknowledgement letter issued to them that they can contact us on.
YSSU will acknowledge their request to withdraw and will issue a letter to confirm this.
Additional information can be provided by our youth throughout the ROD process. It is best that they provide this in the beginning when they apply because providing additional information later can result in the ROD process being delayed further.
This is because another report may need to be completed for the BRC Committee to advise of the new additional information, the considerations YSSU have taken and why the decision may still be to uphold.
When a decision is made, there can be confusion between what is considered a ROD and what is considered a query.
A ROD is when our youth disagrees with our decision and wants the decision to be reviewed. Our youth will then need to complete the ROD application.
A query is when our youth does not want to go through the formal review process yet and wants to discuss the decision that was made with YSSU. Our youth will need to be put through to YSSU so we can hold this conversation and be able to provide further clarity and context. This conversation may also help us identify any oversights and may help us resolve the issue without going through the formal process.
Please do not give our internal 0800 number as this number is for Youth Service Provider use only. However, our youth can be dialled in by your Youth Services or can be given our General Line 0800 559 009 so that they can be transferred to YSSU.
A query can also come from you as their Youth Coach if you require further information to relay back to our youth. You can call our internal 0800 559 278 number and we will be able to help.
If you as our youth’s Youth Coach disagree with the decision, you cannot lodge a ROD on their behalf. It is only when our youth themselves disagree with the decision and want this to be reviewed, that we should receive a ROD application.
Your disagreement about a decision will be treated as a query and you will need to contact YSSU to discuss this. We will help you understand why we made a decision and your call may also help us identify any oversights that we may need to reconsider.
how to lodge a rod?
Before you can lodge a ROD, the young person will need to complete a ROD Application Form, submit an enquiry online or post a letter to their Youth Service Provider or their nearest Work and Income office. The young person will need to tell us the date they heard about the decision, what the decision was about and why they disagree with it.
If the young person wants to submit their enquiry online, you can pass on the link below so they can access this:
https://www.msd.govt.nz/form/msd/govt/nz/form.req2?requestType=msd-govt-nz-select-form-v1
Young people are not expected to use legal language.
If the young person applies for a ROD using the application form or by posting a letter, you you will need to upload the document into ART and send this through to YSSU in a task.
how can our youth be updated with their ROD?
YSSU send letters out to our youth when it progresses through each stage and the letter will advise our youth of where their ROD is at.
In the initial stages of the ROD before it’s referred for a hearing, YSSU are in contact with the young person to talk about their ROD and to give an update on what their decision will likely be.
If our youth want any further updates, they can make contact with our Report Writers. Please ensure the proper channels are used by our young people to contact YSSU – refer to the second-to-last paragraph under the heading ‘ROD v Query’ above. Alternatively, our Report Writer’s contact details are in their ROD acknowledgement letter if they want to reach us that way.
For you as a Youth Coach, if our youth is still in your Provider Services (either registered as a NEET or currently receiving assistance) you can make contact with us and we can provide you with an update as-well.
However, if our youth is no longer in your services then YSSU will not be able to provide you with an update as you will no longer be privy to the information we hold about them.