8 March 2023

Lance O’Riley
[FYI request #21463 email]

Tēnā koe Lance O’Riley

On 20 December 2022, you emailed the Ministry of Social Development (the
Ministry) requesting, under the Official Information Act 1982  (the Act), the
following information:
1a:  All Internal correspondence including emails regarding requesting a 52
Week income summary
1b:  Official processes and guidelines for requesting a 52 week income
summary
1c:  All internal documentation about why a 52 week income summary
should be requested
2a:  What is the internal process for calculating the amount of an
overpayment
2b:  What circumstances can an overpayment be written off when it results
from a genuine oversight or error from a client rather than an
intentional act.
For Questions 3a onwards please provide this data by month for the last 15
years and broken down by region, age range, benefit type and ethnicity.
(Age range can be interpreted anyway you chose, so long as it is reasonable
and in line with commonly used age brackets)
3a:  The number of times a 52 week income summary has been requested
3b:  The number of times a 52 week income summary has resulted in an
underpayment
3c:  The number of times a 52 week income summary has resulted in an
overpayment
3d:  How many times was a 52 week income summary requested when a
client was self-disclosing a possible overpayment.

4a:  For all underpayments, what is the average amount that has been
underpaid
4b:  For all overpayments, what is the average amount that has been
overpaid
4c:  For all overpayments, how was this amount calculated
4d:  For all overpayments, how many have had a review of decision
requested
4e:  For all review of decisions, how many resulted in the overpayment
amount being found to be an error
4f:   For all overpayments being found to be an error, what was the average
amount that was calculated incorrectly.
4g:  For all overpayments being found to be an error, what is the reason for
the error
4h:  For all overpayments being found to be an error, how many were
written off as a result of said error
5a:  For all overpayments, how many were found to be intentional and/or
fraudulent
5b:  For all overpayments, how many were found to be non-intentional
5c:  For all overpayments found to be non-intentional, how many were
written off under section 208
5d:  For all overpayments found to be non-intentional, and were later
repaid, why were these not written off as per Section 208
6a:  For interpreting the criteria noted in Section 208, please provide
internal documentation discussing this, including emails and policy
guidelines.
On 2 February 2023, the Ministry emailed you to advise that more time was
required to respond to your request. In accordance with section 15(1) and 15A
of the Act, the Ministry’s decision will be with you no later than 8 March 2023.
The reason for the extension is that the consultations necessary to make a
decision are such that a proper response cannot be provided within the original
time limit.
I will address your questions in the following categories: policy and guidelines
for requesting an income summary, overpayments, underpayments and the
debt write-off criteria. As a result, some of your questions will not appear in
the order that you have chronologically numbered them.
Page 2 of 11

Policy and guidelines for requesting an income summary
1a:  All Internal correspondence including emails regarding requesting a 52
Week income summary
Your request for all internal correspondence  is very broad, and substantial
manual collation would be required to locate and prepare all documents within
scope of your request. 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.
1b:  Official processes and guidelines for requesting a 52 week income
summary
The Ministry may request a review of financial assistance at any time that it is
required, which can include a review of income inside a 52-week period. This
information is required to ensure that we are paying clients the  full
entitlement(s) that they are eligible for.
The reasons that a review may be requested are provided for in Section 304
of the Social Security Act 2018, available here:
www.legislation.govt.nz/act/public/2018/0032/latest/DLM6783773.html.
When  the  Ministry  completes  an  income  review,  clients  may  be  asked  to
provide verification for all income earned during the period being assessed.
Please note that the period being assessed will depend on the individual
circumstances of the client. The Ministry uses income reviews to ensure that a
client has been receiving the correct rate of payment throughout the period
being assessed.
1c:  All internal documentation about why a 52 week income summary
should be requested
The Ministry has interpreted your request for internal documents, processes
and guidelines to be specific to income summaries only. As such, the Ministry
has identified the following processes and guidelines on our Intranet in scope
of your request. Please find these attached:
•  Income and Asset Details
•  Review of Annual Income
•  Review of Annual Income – client groups
Page 3 of 11

Please note that a review of Annual Income is different to a 52-week income
summary. The Ministry has included this information as we believe that it
addresses the intent of your request.
An Annual Review includes both a review of circumstances and a review of
income.  The  review  of  circumstances  occurs  26  weeks  after  the
commencement date of the client’s benefit and the review of income occurs 52
weeks  after  the  commencement  date  of  the  client’s  benefit.  These  reviews
together are the Annual Review. This is different to requesting verification of
income for a specified period for clients receiving other payment types, which
can be requested at any time.
Manuals and Procedures (MAP) is an internal website used by Ministry staff
when interpreting and applying Ministry policies. There is a public version of
MAP on the Work and Income website which is a copy of the internal website.
You can view information about situations where a 52-week income summary
may be required for main benefits  and supplementary assistances  at the
following links:
•  Accommodation Supplement
o  www.workandincome.govt.nz/map/income-support/extra-
help/accommodation-supplement/changes-and-reviews-
accommodation-supplement/change-in-income-01.html
•  Disability Allowance
o  www.workandincome.govt.nz/map/income-support/extra-
help/disability-allowance/changes-and-reviews-disability-
allowance/changes-and-reviews.html
•  Emergency Benefit
o  www.workandincome.govt.nz/map/income-support/main-
benefits/emergency-benefit/changes-and-reviews-emergency-
benefit/changes-and-reviews.html
•  Emergency Maintenance Allowance
o  www.workandincome.govt.nz/map/income-support/main-
benefits/emergency-maintenance-allowance/changes-and-
reviews-emergency-maintenance-allowance/changes-and-
reviews.html
•  Jobseeker Support:
o  www.workandincome.govt.nz/map/income-support/main-
benefits/jobseeker-support/changes-and-reviews-jobseeker-
support/changes-and-reviews.html
•  New Zealand Superannuation
Page 4 of 11

o  www.workandincome.govt.nz/map/income-support/main-
benefits/new-zealand-superannuation/changes-and-reviews-
new-zealand-superannuation/changes-and-reviews.html
•  Orphan’s Benefit and Unsupported Child Benefit
o  www.workandincome.govt.nz/map/income-support/main-
benefits/orphans-benefit-and-unsupported-childs-
benefit/changes-and-reviews-ob-and-ucb/changes-and-
reviews.html
•  Sole Parent Support
o  www.workandincome.govt.nz/map/income-support/main-
benefits/sole-parent-support/changes-and-reviews-sole-parent-
support/changes-and-reviews.html
•  Supported Living Payment
o  www.workandincome.govt.nz/map/income-support/main-
benefits/supported-living-payment/changes-and-reviews-
supported-living-payment/changes-and-reviews.html
•  Temporary Additional Support
o  www.workandincome.govt.nz/map/income-support/extra-
help/temporary-additional-support/changes-and-reviews-
temporary-additional-support/change-in-income-01.html
o  www.workandincome.govt.nz/map/income-support/extra-
help/temporary-additional-support/changes-and-reviews-
temporary-additional-support/change-in-assets-01.html
•  Veteran’s Pension
o  www.workandincome.govt.nz/map/income-support/main-
benefits/new-zealand-superannuation/changes-and-reviews-
new-zealand-superannuation/changes-and-reviews.html
Please note that the information provided is not only limited to current
circumstances and eligibility. A review can be completed for both past and
present entitlement. This can include situations where the Ministry receives
information from another agency.
3a:  The number of times a 52 week income summary has been requested
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.
Page 5 of 11

I have concluded that, in either  case,  the  Ministry’s  ability  to  undertake  its
work would still be prejudiced.
Overpayments
An overpayment debt is established when a client received more than what
they were entitled to.
This can happen in situations where:
•  Income was not declared or recorded correctly before the payment was
received.
•  There is a change in income.
•  A change in circumstances occurs, such as entering employment or a
new relationship, going overseas, or other circumstances affecting
benefit entitlement.
2a:  What is the internal process for calculating the amount of an
overpayment
4c:  For all overpayments, how was this amount calculated
An overpayment or underpayment is calculated by comparing what a client
would have been eligible and entitled to receive (for either each week or over
the annual period to be assessed) against the actual amount paid to the client
for the same period.
When calculating an overpayment or underpayment resulting from a person’s
income, the Ministry calculates the income they received and determines the
income abatement threshold specific to their type of assistance. More
information about charging income can be found on the public version of MAP
on the Work and Income website. As an example, information about charging
income
for
Jobseeker
Support can be found here:
www.workandincome.govt.nz/map/income-support/main-benefits/jobseeker-
support/charging-income-01.html.  This  link  is  for  Jobseeker  Support,  but
similar pages are available for each benefit type.
If  you  are  interested  in  viewing  an  example  of  a  weekly  income  deduction
calculation, the Ministry has made examples available on the Work and Income
website. I have provided you with the following links to examples for single or
couple clients receiving Jobseeker Support:
•  www.workandincome.govt.nz/map/income-support/main-
benefits/jobseeker-support/weekly-income-example-single-clients-
and-couples-01.html.
Page 6 of 11

•  www.workandincome.govt.nz/map/income-support/main-
benefits/jobseeker-support/single-clients-and-couples-charging-
income-01.html
Please note that the income limits and abatement thresholds are dependent
on a client’s individual circumstances.
Once the client’s  correct  entitlement for the review  period has been
determined, the Ministry measures this against the actual amount the client
received.
The outcome is calculated using the following equation:
•  Actual amount paid to the client – client’s entitlement for the period =
outcome (no change to entitlement, underpayment, or overpayment).
The Ministry uses the above income calculation to determine whether a client
was paid correctly, underpaid, or overpaid.
3c:  The number of times a 52 week income summary has resulted in an
overpayment
3d:  How many times was a 52 week income summary requested when a
client was self-disclosing a possible overpayment.
4b:  For all overpayments, what is the average amount that has been
overpaid
4f:   For all overpayments being found to be an error, what was the average
amount that was calculated incorrectly.
4g:  For all overpayments being found to be an error, what is the reason for
the error
4h:  For all overpayments being found to be  an error, how many were
written off as a result of said error
5a:  For all overpayments, how many were found to be intentional and/or
fraudulent
5b:  For all overpayments, how many were found to be non-intentional
5c:  For all overpayments found to be non-intentional, how many were
written off under section 208
5d:  For all overpayments found to be non-intentional, and were later
repaid, why were these not written off as per Section 208
The information you have requested about the amount overpaid, the cause of
the overpayment itself, whether a debt write-off was the result of an error,
Page 7 of 11

and how many overpayments were or were not written off under regulation
208 is not centrally recorded by the Ministry.
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.
4d:  For all overpayments, how many have had a review of decision
requested
Please see the attached Excel spreadsheet which contains the following data
tables:
•  Table 1: The number of Review of Decisions lodged with the Benefit
Review Committee where action reviewed relates to Overpayments from
1 July 2006 to 30 June 2022, by financial year ending June and action
reviewed

•  Table 2: The number of Review of Decisions lodged with the Benefit
Review Committee where action reviewed relates to Overpayments from
1 July 2006 to 30 June 2022, by financial year ending June, and client
gender

•  Table 3: The number of Review of Decisions lodged with the Benefit
Review Committee where action reviewed relates to Overpayments from
1 July 2006 to 30 June 2022, by financial year ending June, client age
range
•  Table 4: The number of Review of Decisions lodged with the Benefit
Review Committee where action reviewed relates to Overpayments from
1 July 2006 to 30 June 2022, by financial year ending June, and client
Benefit type
•  Tables 5a to 5g: The number of Review of Decisions lodged with the
Benefit Review Committee where action reviewed relates to
Overpayments from 1 July 2008 to 30 June 2022,  by financial year
ending June, and total response ethnicity
4e:  For all review of decisions, how many resulted in the overpayment
amount being found to be an error
Page 8 of 11

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.
Underpayments
3b:  The number of times a 52 week income summary has resulted in an
underpayment
4a:  For all underpayments, what is the average amount that has been
underpaid
The information you have requested about the amount underpaid and the
reason for underpayment is not centrally recorded by the Ministry.
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.
Debt write-off criteria
2b:  What circumstances can an overpayment be written off when it results
from a genuine oversight or error from a client rather than an
intentional act.
Every  debt  established  on  or  after  26  September  2002  must  be  checked
against the debt write-off criteria to decide if the debt or part of the debt is
recoverable. You can view the debt write-off criteria on the Work and Income
website, including where debt is the result of an error or a client did not
intentionally contribute to the debt, here:
www.workandincome.govt.nz/map/income-support/core-policy/current-
client-debt/debt-write-off-criteria.html.
Page 9 of 11

6a:  For interpreting the criteria noted in Section 208, please provide
internal documentation discussing this, including emails and policy
guidelines.
You can view guidelines for debt write-offs under regulation 208 of the Social
Security Act 2018 on the Work and Income website. The ‘Current client debt’
page contains information in scope of your request, available here:
www.workandincome.govt.nz/map/income-support/core-policy/current-
client-debt/index.html.
You may also be interested in the ‘Establishing debt’ and ‘Changing and
reviewing debts’ pages also available in the above link.
The Ministry also identified communication on the Ministry’s intranet titled
‘What’s New for December 2021’. As only one section of this update refers to
the criteria noted in regulation  208  of the Social Security Act 2018, I have
provided the following excerpt. The rest of the document is withheld as it is
outside of the scope of your request.
What’s New for December 2021 – Debt write off under regulation 208
“Clients often review debts that have been established by the Ministry.
Every debt must be checked against the criteria of regulation 208 of the
Social Security Regulations 2018 to decide if the debt, or part of the
debt is recoverable. All the criteria under regulation 208 must be met
for a debt, or part of the debt to be not recoverable.
At a BRC [Benefit Review Committee] hearing for a panel to find that a
debt is not recoverable, it must have tested the debt against all the
criteria set out in regulation 208 and must be satisfied that each of those
criteria have been met. The BRC must consider:
•  was the debt the result of an error made by the Ministry
•  the client did not intentionally contribute to the error
•  the client received the money in good faith
•  the client changed their position that they were entitled to the
money
•  that it is inequitable in all circumstances to require repayment
www.workandincome.govt.nz/map/income-support/core-
policy/current-client-debt/debt-the-result-of-an-error-01.html
https://www.legislation.govt.nz/regulation/public/2018/0202/latest/LM
S96767.html.”
Page 10 of 11

The Ministry is unable to provide all internal correspondence regarding
regulation 208, as the scope of this part of your request is very broad, and
substantial manual collation would be required to locate and prepare all
documents within scope of your request. 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.
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.
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  regarding  52-week  income
summaries and overpayments, 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

Page 11 of 11

Document Outline