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Trouble with Work and Income: Penalties, investigations and overpayments

Overpayments: When you’re paid too much by mistake

What will happen if Work and Income have overpaid me?

Social Security Act 2018, ss 353, 354, 362, 363, 444 Social Security Regulations 2018, s 208

If Work and Income overpaid your income support, you’ll generally have to pay it back. You can negotiate to come to a repayment plan.

If Work and Income tell you that you’ve been overpaid, you should contact a benefit-rights organisation (see: “Where to go for more support” at the bottom of this page).

You shouldn’t have to pay it back if:

  • the overpayment was caused partially or entirely due to a mistake by Work and Income (such as if they gave you the wrong information),
  • you didn’t intentionally contribute to the mistake,
  • you received the payment in good faith and changed your position (for example, you bought something) believing that you were entitled to the money and wouldn’t have to pay it back, and
  • it would be unfair (“inequitable”) to expect you to pay it back.

I don’t think I was overpaid – how do I challenge that decision?

If you disagree with a Work and Income decision that you’ve been overpaid (for example, Work and Income made a mistake in calculating the amount of the overpayment), you can apply for a review by a Benefit Review Committee (see: Challenging Work and Income decisions: Reviews and appeals).

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Dealing with Work and Income

Where to go for more support

Community Law

Your local Community Law Centre can provide you with free initial legal advice.

Find your local Community Law Centre online: www.communitylaw.org.nz/our-law-centres

Ministry of Social Development – Work and Income (WINZ)

See Work and Income’s website for information on whether you qualify for a benefit and how to apply for them.

Website: www.workandincome.govt.nz
Phone:  0800 559 009

Auckland Action Against Poverty (AAAP)

AAAP is a free nationwide advocacy service for people dealing with Work and Income.

Website: www.aaap.org.nz
Email: advocates@aaap.org.nz
Instagram: www.instagram.com/aucklandactionagainstpoverty
Facebook: www.facebook.com/AAAPNZ/

Helpful resources for beneficiaries: www.aaap.org.nz/resources

Beneficiaries Advocacy and Information Services (BAIS)

BAIS provides free advocacy and support for beneficiaries and low-income families in Auckland’s North Shore, Rodney and Hibiscus Coast districts.

Website: www.bais.org.nz
Phone: 09 444 9543
Instagram: www.instagram.com/bais.northshoreandrodney
Facebook: www.facebook.com/BAISnorthshoreandrodey   

Hutt Valley Benefit Education Service Trust (HV BEST)

The HV BEST provides information and support to beneficiaries in the Hutt Valley. 

Website: www.hvbest.co.nz
Email: hvbest@xtra.co.nz
Phone: 04 529 8108

Beneficiaries & Unwaged Workers Trust (BUWT)

BUWT provides information, advice and support to people on low incomes in Nelson.

Website: www.buwt.wordpress.com
Email: buwtcs@xtra.co.nz
Phone: 03 548 8171
Facebook: www.facebook.com/groups/282105670089970/?locale=pt_PT

Beneficiary Advisory Service (BAS)

The BAS provides information and support to beneficiaries in Christchurch.

Website: www.bas.org.nz
Email: bas.cprc@gmail.com
Phone: 0800 00 00 43
Facebook: www.facebook.com/BeneficiaryAdvisoryService

Citizens Advice Bureau (CAB)

CAB provides free, confidential and independent information and advice. See CAB’s website for valuable information on a range of topics.

Website: www.cab.org.nz
Phone: 0800 367 222
Facebook:  www.facebook.com/citizensadvicenz

Find your local CAB office: www.cab.org.nz/find-a-cab

Zero Data

Zero Data is a new digital support that allows anyone with a mobile device, phone or tablet to access essential Government information for free. No data is used.

Website: www.zero.govt.nz

What do I need do I need for it to work?

  •  The device is on.
  •  The device is connected to Spark, Skinny One NZ, 2Degrees, Slingshot or Orcon.

You can access information from the following agencies:

  • Te Manatū Whakahiato Ora | Ministry of Social Development
  • Te Tāhuhu o te Mātauranga | Ministry of Education
  • Te Tari Taiwhenua | Department of Internal Affairs
  • Te Whatu Ora | Health New Zealand
  • Kāinga Ora | Homes & Communities
  • Te Tāhū o te Ture | Ministry of Justice
  • Te Kaporeihana Āwhina Hunga Whara | Accident Compensation Corporation

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