Dealing with Work and Income
Challenging Work and Income decisions: Reviews and Appeals
Going to a Benefit Review Committee
What’s a Benefit Review Committee?
Social Security Act 2018, ss 391–394, Sched 7
Benefit Review Committees can review all decisions made by Work and Income, except for decisions based around medical assessments, which will be reviewed by Medical Appeal Boards (see: “Challenging medical assessments: Going to a Medical Appeal Board”).
A Benefit Review Committee is made up of:
- two Work and Income staff members (they can’t be from the same service centre as the original decision-maker and can’t have been involved in the decision), and
- a community representative appointed by the Minister of Social Development.
What happens at a Benefit Review Committee hearing?
You can bring a support person, a benefit-rights advocate or a lawyer to the hearing with you if you want. You can also have a lawyer appear for you if you don’t want to go yourself.
A Benefit Review Committee hearing is a process where a Work and Income representative presents their case, and then you (or your advocate or lawyer) respond. Committee members can ask questions. Afterwards, everyone except the Committee members leaves and the Committee makes its decision. These can happen online, or you can request a hearing to happen in person.
If the hearing is in person, then it is usually held in the Work and Income service centre that you usually go to.
The Benefit Review Committee should notify you of its decision within two weeks after the hearing.
Can I appeal a decision of a Benefit Review Committee?
Social Security Act 2018, ss 395–399
Yes. If you disagree with the Committee’s decision, you can appeal to the Social Security Appeal Authority (see: “Right of appeal to independent Tribunal: Going to the Social Security Appeal Authority”).
