14 October 2022

Mr David Dahya
[FYI request #20269 email]

Tēnā koe David Dahya

On  18 August 2022,  you emailed the Ministry of Social Development (the
Ministry) requesting, under the Official Information Act 1982  (the Act), the
following information:
1.  Your Jobseeker Support benefit
a.  I would like to know why the JS Benefit, in this case, was not
suspended following week?
b.  Why was a 'manual' letter generated as opposed to a 'standard'
letter in this case?
c.  What will MSD do in such instances, where the beneficiary has
followed the correct process but the system has failed and created
an 'unjustified' debt?
d.  More importantly, how many other times has this occurred to
other MSD beneficiaries unaware of this apparent failing in
MyMSD who don't have the nous or inclination to question it
because it is too much hassle and who don't bother to question it
as it is performed by the MyMSD system?
e.  Does MSD have the resources and ability to find out when such
instances have occurred for all beneficiaries?
f.  Is MSD able to find out how many times this has occurred in the
past and what will they do in those cases?
g.  Can MSD find out when the income was declared via MyMSD and
whether the JS allowance was paid when it shouldn't have been?
h.  Is there any other disadvantages/losses, apart from the
unjustified debt, that such instances would incur for the MSD
beneficiaries?
i.  Does MSD consider their MyMSD system fit for purpose in such
instances?
2.  Questions about MyMSD
a.  Why hasn't it been resumed/unsuspended as Thursday is the day
the JS benefit is usually paid?
b.  What is the process a JS beneficiary should follow, in such cases,
and at what stage should the job seeker do so?

c.  Has there been any system changes to the MyMSD system
recently?

On 13 September 2022, in accordance with section 15(1) and 15A of the Act,
your request was extended to 13 October 2022. The reason for the extension
was that consultations necessary to make a decision on the request were such
that a proper response to the request could not reasonably be made within the
original time limit.
Jobseeker Support is a temporary benefit paid for up to 52 weeks while clients
look  for  work,  are  in  training  for  work  or  unable  to  work  due  to  a  health
condition, injury or disability. If a client still requires Jobseeker Support after
52 weeks, they must complete the 52-week reapplication process. You can find
more  information  regarding  Jobseeker  Support  and  qualifications  at  the
following  link:  www.workandincome.govt.nz/map/income-support/main-
benefits/jobseeker-support/introduction.html.
Jobseeker Support is available to people who can usually work full-time. It also
includes  people  who  can  only  work  part-time  or  can’t  look  for  work  at  the
moment, for example because they have a health condition, injury or disability.

In general terms, it would appear your issues are with the delays that happen
between income being declared through MyMSD and your payments being
updated, and regrettably there can be delays with debts/arrears being created
as reviews are being done.

I will firstly address the series of questions you raised about your Jobseeker
Support benefit, before addressing your questions about MyMSD.

a.  I would like to know why the JS Benefit, in this case, was not
suspended following week?
b.  Why was a 'manual' letter generated as opposed to a 'standard' letter
in this case?

The Ministry’s systems generally allow for benefit rates to update automatically
in response to self-declared income changes through MyMSD. Where
exceptions are raised, the update must be done manually. In this case because
you declared income twice for the same period, it went to the Ministry’s Central
Processing Unit for manual process. Income is charged for  the  week  it  is
earned, regardless of when the Ministry receives the declaration.

The Ministry uses templated letters for a variety of situations, however where
a templated letter is not applicable a manual letter can be used instead. This
allows the staff member to ensure the information included is tailored to reflect
the actions taken and outcome.

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c.  What will MSD do in such instances, where the beneficiary has
followed the correct process but the system has failed and created
an 'unjustified' debt?

Debts established as the result of Ministry error may be subject to write off
under Regulation 208 (debts caused wholly or partly by errors to which debtors
did not intentionally contribute) of the Social Security Regulations 2018. For a
debt to be written off that has been established as a result of processing an
income declaration, it must meet the criteria set out in Regulation 208,
otherwise it is recoverable.

d.  More importantly, how many other times has this occurred to other
MSD beneficiaries unaware of this apparent failing in MyMSD who
don't have the nous or inclination to question it because it is too
much hassle and who don't bother to question it as it is performed
by the MyMSD system?
e.  Does MSD have the resources and ability to find out when such
instances have occurred for all beneficiaries?
f.  Is MSD able to find out how many times this has occurred in the past
and what will they do in those cases?
g.  Can MSD find out when the income was declared via MyMSD and
whether the JS allowance was paid when it shouldn't have been?

I am unable to provide you with this information as it is held in notes on
individual case files. In order to provide you with this information, Ministry staff
would have to manually review a substantial number of files. As such, I refuse
your request under section 18(f) of the Act. The greater public interest is in
the effective and efficient administration of the public service.
I have considered whether the Ministry would be able to respond to your
request given extra time, or the ability to charge for the information requested.
I  have  concluded  that,  in  either  case,  the  Ministry’s  ability  to  undertake  its
work would still be prejudiced.
h.  Is there any other disadvantages/losses, apart from the unjustified
debt, that such instances would incur for the MSD beneficiaries?

If a client disagrees with a debt established by the Ministry, they need to
contact us to discuss this. A client can submit a Review of Decision to have the
decision to establish a debt reviewed, or they can call the Ministry to talk about
it over the phone. More information about client debt can be found on the
Ministry’s website, here: www.workandincome.govt.nz/on-a-
benefit/debt/index.html.



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i.  Does MSD consider their MyMSD system fit for purpose in such
instances?

It is regrettable you had an unfortunate experience with the MyMSD system in
this instance.  The Ministry is always looking for ways to improve our services
for best experience.

I will now address your three further requests about your experience with
MyMSD.

a.  Why hasn't it been resumed/unsuspended as Thursday is the day the
JS benefit is usually paid?

It  may  be  useful  to  clarify  how  the  Ministry’s  system  works.  Benefits  are
assessed for the Monday to Sunday week, so its preferable for clients to let us
know by Sunday evening how many hours they have worked and the gross
amount of their earnings in order for it to be applied before the payment is
sent from our system.

If a client declares their income after the Ministry has processed their weekly
payment, the Ministry needs to calculate whether they were under or overpaid.
In the event of an overpayment, a debt will be established.

If  you  believe  there  are  issues  with  your  benefit,  please  contact  Work  and
Income’s MyMSD and Online Applications help on 0800  559 009 and say
“online help” when the voice recording asks you how we can help.

b.  What is the process a JS beneficiary should follow, in such cases, and
at what stage should the job seeker do so?

Please see the answer to your previous query. I invite you to contact Work and
Income’s MyMSD and Online Applications if you believe there are issues with
your benefit.

c.  Has there been any system changes to the MyMSD system recently?

There have not been any recent system changes to My MSD.

The principles and purposes of the Official Information Act 1982 under which
you made your request are:
•  to create greater openness and transparency about the plans, work and
activities of the Government,
•  to  increase  the  ability  of  the  public  to  participate  in  the  making  and
administration of our laws and policies and
•  to lead to greater accountability in the conduct of public affairs.
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This Ministry fully supports those principles and purposes. The Ministry
therefore  intends  to  make  the  information  contained  in  this  letter  and  any
attached documents available to the wider public. The Ministry will do this by
publishing this letter and attachments on the Ministry’s website. Your personal
details will be deleted, and the Ministry will not publish any information that
would identify you as the person who requested the information.
If you wish to discuss this response with us, please feel free to contact
[MSD request email].
If you are not satisfied with this response about your experience with MyMSD,
you have the right to seek an investigation and review by the Ombudsman.
Information about how  to  make  a  complaint  is  available  at
www.ombudsman.parliament.nz or 0800 802 602.
Ngā mihi nui
Bridget Saunders
Manager – Issue Resolution
Service Delivery
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