When is married, not married?
Gladys Webster made this Official Information request to Ministry of Social Development
The request was partially successful.
From: Gladys Webster
Dear Ministry of Social Development,
Student Allowances
Minute in 2003 states
3 7. On 19 May 2003 Cabinet noted my advice on the exemptions from means testing against parental income of students who are married or de facto couples for the purpose of student allowances. Cabinet directed the Ministries of Social Development and Education, to (among other things) assess the implications and costs of means testing against parental income in relation to students who are married or de facto couples and to report back to Cabinet Policy Committee by 31 August. When was this minute overturned please and replaced with parental income assessment tests for all married students regardless of age? Please attach a copy of the minute overturning this provided Cabinet Minute.
Secondly
This is now a declaration of inconsistency. I formally draw this declaration to the attention of Parliament by the Minister in whose portfolio the discrimination has been found, MSD, and await the Government's response to this declaration.
CF Marriage Act 1995, the Property Act 2007, the Privacy Act 1993,the Human Rights Act 1993 and the New Zealand Bill of Rights Act 1990. Under these acts a person is legally married to her spouse who is over the age of 25 and therefore they cannot be means tested against their parents for student allowance purposes. None of the above Acts can be overturned by the MSD to give a favoured policy outcome against married students under 24 years of age.
Yours faithfully,
Gladys Webster
From: OIA_Requests (MSD)
Ministry of Social Development
Dear Gladys Webster,
Thank you for your email received 21 January 2014, under the Official Information Act 1982. Your request has been forwarded to the appropriate officials at National office to respond. You may expect a response to be sent to you as soon as possible.
Regards
Official and Parliamentary Information team | Ministerial and Executive Services
Ministry of Social Development
Our Purpose:
We help New Zealanders to help themselves to be safe, strong and independent
Ko ta mātou he whakamana tangata kia tū haumaru, kia tū kaha, kia tū motuhake
-----Original Message-----
From: Gladys Webster [mailto:[OIA #1409 email]]
Sent: Tuesday, 21 January 2014 2:01 p.m.
To: Info (MSD)
Subject: Official Information Act request - When is married, not married?
Dear Ministry of Social Development,
Student Allowances Minute in 2003 states
3 7. On 19 May 2003 Cabinet noted my advice on the exemptions from means testing against parental income of students who are married
or de facto couples for the purpose of student allowances. Cabinet directed the Ministries of Social Development and Education, to (among other things) assess the implications and costs of means testing against parental income in relation to students who are married or de facto couples and to report back to Cabinet Policy Committee by 31 August. When was this minute overturned please and replaced with parental income assessment tests for all married students regardless of age? Please attach a copy of the minute overturning this provided Cabinet Minute.
Secondly
This is now a declaration of inconsistency. I formally draw this declaration to the attention of Parliament by the Minister in whose portfolio the discrimination has been found, MSD, and await the Government's response to this declaration.
CF Marriage Act 1995, the Property Act 2007, the Privacy Act 1993,the Human Rights Act 1993 and the New Zealand Bill of Rights Act 1990. Under these acts a person is legally married to her spouse who is over the age of 25 and therefore they cannot be means tested against their parents for student allowance purposes. None of the above Acts can be overturned by the MSD to give a favoured policy outcome against married students under 24 years of age.
Yours faithfully,
Gladys Webster
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This email and any attachments may contain information that is confidential and subject to legal privilege. If you are not the intended recipient, any use, dissemination, distribution or duplication of this email and attachments is prohibited. If you have received this email in error please notify the author immediately and erase all copies of the email and attachments. The Ministry of Social Development accepts no responsibility for changes made to this message or attachments after transmission from the Ministry.
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From: OIA_Requests (MSD)
Ministry of Social Development
Dear Gladys Webster,
Please find attached a letter advising that your request has been transferred to the Minister for Tertiary Education, Skills and Employment for response.
Regards
Official and Parliamentary Information team | Ministerial and Executive Services
Ministry of Social Development
Our Purpose:
We help New Zealanders to help themselves to be safe, strong and independent
Ko ta mātou he whakamana tangata kia tū haumaru, kia tū kaha, kia tū motuhake
-----Original Message-----
From: OIA_Requests (MSD)
Sent: Tuesday, 21 January 2014 3:47 p.m.
To: '[OIA #1409 email]'
Subject: Your Official Information Act request - When is married, not married?
Dear Gladys Webster,
Thank you for your email received 21 January 2014, under the Official Information Act 1982. Your request has been forwarded to the appropriate officials at National office to respond. You may expect a response to be sent to you as soon as possible.
Regards
Official and Parliamentary Information team | Ministerial and Executive Services Ministry of Social Development
Our Purpose:
We help New Zealanders to help themselves to be safe, strong and independent Ko ta mātou he whakamana tangata kia tū haumaru, kia tū kaha, kia tū motuhake
-----Original Message-----
From: Gladys Webster [mailto:[OIA #1409 email]]
Sent: Tuesday, 21 January 2014 2:01 p.m.
To: Info (MSD)
Subject: Official Information Act request - When is married, not married?
Dear Ministry of Social Development,
Student Allowances Minute in 2003 states
3 7. On 19 May 2003 Cabinet noted my advice on the exemptions from means testing against parental income of students who are married
or de facto couples for the purpose of student allowances. Cabinet directed the Ministries of Social Development and Education, to (among other things) assess the implications and costs of means testing against parental income in relation to students who are married or de facto couples and to report back to Cabinet Policy Committee by 31 August. When was this minute overturned please and replaced with parental income assessment tests for all married students regardless of age? Please attach a copy of the minute overturning this provided Cabinet Minute.
Secondly
This is now a declaration of inconsistency. I formally draw this declaration to the attention of Parliament by the Minister in whose portfolio the discrimination has been found, MSD, and await the Government's response to this declaration.
CF Marriage Act 1995, the Property Act 2007, the Privacy Act 1993,the Human Rights Act 1993 and the New Zealand Bill of Rights Act 1990. Under these acts a person is legally married to her spouse who is over the age of 25 and therefore they cannot be means tested against their parents for student allowance purposes. None of the above Acts can be overturned by the MSD to give a favoured policy outcome against married students under 24 years of age.
Yours faithfully,
Gladys Webster
-------------------------------------------------------------------
This is an OIA request done via the FYI website.
Please do not send progress updates as PDF files.
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies: https://fyi.org.nz/help/officers
If you find this service useful as an OIA officer, please ask your web manager to link to us from your organisation's OIA page.
-------------------------------------------------------------------
-------------------------------
This email and any attachments may contain information that is confidential and subject to legal privilege. If you are not the intended recipient, any use, dissemination, distribution or duplication of this email and attachments is prohibited. If you have received this email in error please notify the author immediately and erase all copies of the email and attachments. The Ministry of Social Development accepts no responsibility for changes made to this message or attachments after transmission from the Ministry.
-------------------------------
hide quoted sections
From: S Joyce (MIN)
Dear Ms Webster
Please find attached, in pdf form, a response to your Official Information
Act request of 21 January 2014.
Kind Regards
J. Sorensen
Ministerial Secretary
Office of Hon Steven Joyce
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From: S Joyce (MIN)
Dear Ms Webster
Please find attached, in pdf form, a response to your Official Information Act request of 21 January 2014.
Kind Regards
J. Sorensen
Ministerial Secretary
Office of Hon Steven Joyce
________________________________
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Gladys Webster left an annotation ()
The actual minute is not overturned. And to think that parliament can base a recommendation on anecdotal evidence? There is much anecdotal and known evidence of students who parents have Trusts return a nil income so they receive full student allowances. Will the Minister Hon Steven Joyce treat this anecdotal evidence in the same manner? I think not!
Green Party have stated they will challenge this and we can take a case to the HRT ..... be interesting!
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