Dealing with Work and Income
Trouble with Work and Income: Penalties, investigations, and overpayments
Underpayments: When you’re not paid your full entitlement
Social Security Act 2018, s 318, s 298, 304-306 Social Security Regulations 2018, r 172 Case: [2013] NZHC 3418 (HC)
If Work and Income didn’t pay you something that you were entitled to, you may be able to get this backdated.
Work and Income have an obligation to inquire into a claim for benefit. An application for assistance does not need to specify the type of assistance. In other words, it’s up to Work and Income to determine what you are entitled to get and let you know how to apply.
If Work and Income fails to assess your situation correctly, or does not let you know how to apply, then they are not meeting their obligations, and you can ask for your payment to be backdated.
Tip: Getting Work and Income to backpay can be quite complicated. It’s a good idea to get advice from an advocate or a lawyer – see: “Where to go for more support”.
