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Communtity Law Manual | Work & Income | Challenging Work and Income decisions: Reviews and appeals

Challenging Work and Income decisions: Reviews and appeals

Overview

What kinds of Work and Income decisions can I challenge?

Social Security Act 2018, ss 391–399, Sched 7

Work and Income makes hundreds of decisions a week, and not all of them are correct. Any decision made by a Work and Income staff member can be challenged and their decision can be reviewed (this is called a “review of decision”). These are just a few examples of decisions that can be reviewed:

  • refusing you a main benefit
  • setting the start date of your benefit
  • refusing you supplementary or hardship assistance
  • setting the level of supplementary or hardship assistance
  • cutting your benefit (a “sanction”) on the alleged grounds that you failed the work test, or didn’t declare income, or are in a relationship with someone.

How do I apply for a review?

Social Security Act 2018, ss 391–394, Sched 7

You can either:

How long do I have to apply for a review?

Social Security Act 2018, s 392

Usually you must apply for a review within three months after you’re notified of the decision, but this time limit can be extended if there is a good reason.

What happens after I apply for a review?

Unless Work and Income decides to change its decision after reconsidering it, Work and Income will arrange for the review to be carried out by the appropriate body, which will be either a Benefit Review Committee or a Medical Appeal Board.

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