8 August 2023
Gregory Soar
[FYI request #23184 email]
Tēnā koe Gregory Soar
On 20 June 2023, you emailed the Ministry of Social Development (the
Ministry) requesting, under the Official Information Act 1982 (the Act), the
following information:
1. Please provide all information held by and or considered by both MSD & The
Health Advisory teams that determines any cannabis medication to be an
alternative medical treatment.
2. Please provide all information held by and / or considered by both MSD &
your Health Advisory Experts that determines any cannabis medication to
be a pharmaceutical 3.
3. Please provide information on all due diligence done by your Health
Advisory Team that leads them to advise any cannabis-based medicine is
“an alternative medical treatment”
4. Please advise why cannabis-based medicines are being classed as
alternative medical treatments after the issue was previously raised /
advised your Whanganui office by myself more than once.
On 22 June and 28 June 2023, you emailed the Ministry with the additional
questions below. The Ministry will be responding to these requests in this letter.
5.
Please provide the definition of ALTERNATIVE MEDICAL TREATMENT used
by MSD
6.
Please provide the definition of PRESCRIPTION MEDICATION as list
headings on the website I sent screen shots of run by MSD.
7. How many people have suffered and or died due not able to afford required
cannabis medication since being told?
8. How many simply did not apply when told / advised that it would need an
ALTERNATIVE MEDICAL TREATMENT application that = difficult path from
first cent of funding (compared at least $75.10 weekly plus up to 30% main
benefit if a deficiency exists if conditions met) and seeing the more difficult
funding path from the first cent of funding just gave up? How many doctors
were too busy to complete the extra work required above the normal
medical expenses form / attesting?
9. Please provide me a full and complete list of all “allowable costs” as used
in determining rates of payments for all / any clients. A full comprehensive
list thank you.
10.Could you also please advise if any formal complaints processes existing
within MSD for clients, please and any information around making a formal
complaint / the process please?
On 19 July, the Ministry emailed you that the consultations necessary to make
a decision on your request were as such that more time was needed, with a
new due date of 9 August 2023.
For clarity, the Ministry will respond to your questions in turn. Some questions
have been placed together as they are the same topic.
1. Please provide all information held by and or considered by both MSD & The
Health Advisory teams that determines any cannabis medication to be an
alternative medical treatment.
2. Please provide all information held by and / or considered by both MSD &
your Health Advisory Experts that determines any cannabis medication to
be a pharmaceutical 3.
4. Please advise why cannabis-based medicines are being classed as
alternative medical treatments after the issue was previously raised /
advised your Whanganui office by myself more than once.
Medicinal cannabis is currently considered a non-subsidised pharmaceutical for
Disability Allowance (DA). It is current practice that all requests for medicinal
cannabis are required to be approved by the Ministry’s Principal Health and
Disability team at National Office, following an initial assessment and the
gathering of clinical information required for a full assessment to be made
against DA criteria, by the Regional Health and Disability teams.
To determine whether the cost of a non-subsidised pharmaceutical can be
included in DA, the Ministry must also consider:
• the
availability
of
another
suitable
subsidised
or partly
subsidised pharmaceutical item
and
• whether funding from PHARMAC under their Named Patient
Pharmaceutical Assessment Policy has been applied for and if so,
whether the application has been accepted or declined, and the reasons
for it being declined.
The cost of the non-subsidised pharmaceutical may be included as an
additional expense for DA if the client's medical practitioner or nurse
practitioner verifies the pharmaceutical item is essential and there are no
suitable subsidised or partly subsidised alternatives.
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3. Please provide information on all due diligence done by your Health
Advisory Team that leads them to advise any cannabis-based
medicine is “an alternative medical treatment”
The Ministry’s Regional Health and Disability teams assess medicinal cannabis
as a non-subsidised pharmaceutical. They do not advise that any cannabis-
based medicine is an alternative treatment. Therefore, this part of your request
is refused under section 18(g) of the Act as the information you have requested
is not held by the Ministry and I have no grounds to believe that the information
is either held by or closely connected to the functions of another department,
Minister of the Crown or organisation.
5.
Please provide the definition of ALTERNATIVE MEDICAL TREATMENT
used by MSD
This information is publicly available on our website which can be found here:
www.workandincome.govt.nz/map/income-support/extra-help/disability-
allowance/alternative-treatment-01.html
6.
Please provide the definition of PRESCRIPTION MEDICATION as list
headings on the website I sent screen shots of run by MSD.
This information is publicly available on our website which can be found here:
www.workandincome.govt.nz/map/income-support/extra-help/disability-
allowance/pharmaceutical-charges-01.html
7. How many people have suffered and or died due not able to afford
required cannabis medication since being told?
8. How many simply did not apply when told / advised that it would
need an ALTERNATIVE MEDICAL TREATMENT application that =
difficult path from first cent of funding (compared at least $75.10
weekly plus up to 30% main benefit if a deficiency exists if conditions
met) and seeing the more difficult funding path from the first cent of
funding just gave up? How many doctors were too busy to complete
the extra work required above the normal medical expenses form /
attesting?
The Ministry is refusing your request for this information under section 18(g)
of the Act as the information you have requested is not held by the Ministry
and I have no grounds to believe that the information is either held by or
closely connected to the functions of another department, Minister of the
Crown or organisation.
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9. Please provide me a full and complete list of all “allowable costs” as
used in determining rates of payments for all / any clients. A full
comprehensive list thank you.
Your request for this information is refused under section 18(d) of the Act on
the basis that the information is publicly available. However, in the spirit of
being helpful, we have included a summary of the relevant information in an
Appendix One, which includes links to the Manuals and Procedures used by
Ministry staff.
10.Could you also please advise if any formal complaints processes
existing within MSD for clients, please and any information around
making a formal complaint / the process please?
The Ministry is committed to delivering first class services and providing
dependable advice. The Ministry has a documented formal complaints process
for clients that is publicly available. Information on this process and how to
make a complaint can be found at the following links:
•
https://www.msd.govt.nz/about-msd-and-our-work/contact-
us/complaints/index.html
•
https://www.workandincome.govt.nz/about-work-and-income/complaints/
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 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].
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If you are not satisfied with this response regarding information held by the
Ministry on cannabis medication and alternative medical treatment, you have
the right to seek an investigation and review by the Ombudsman. Information
about how to make a complaint is available a
t www.ombudsman.parliament.nz
or 0800 802 602.
Ngā mihi nui
Bridget Saunders
Manager Issues Resolution
Service Delivery
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Appendix One
Summary of information on allowable costs for determining a
beneficiary’s rate of payment
Accommodation Supplement (AS)
AS is non-taxable extra help paid to a client to help towards the cost of their
accommodation.
There are 3 types of accommodation costs. Detailed information on each cost
can be found in the links provided below:
• Rent
https://www.workandincome.govt.nz/map/income-support/extra-
help/accommodation-supplement/rent-01.html
• Board
https://www.workandincome.govt.nz/map/income-support/extra-
help/accommodation-supplement/board-01.html or
• Home ownership costs
https://www.workandincome.govt.nz/map/income-support/extra-
help/accommodation-supplement/home-ownership-01.html
Away From Home Allowance
The Away from Home Allowance is non-taxable extra help assistance paid to
assistance with rent or board costs for the caregivers of dependent 16- and
17-year-olds who move away from home to undertake tertiary study or
employment related training.
This is calculated and paid in the same manner as AS. Please see the below
links for more detailed information:
https://www.workandincome.govt.nz/map/income-support/extra-help/away-
from-home-allowance/qualifications.html https://www.workandincome.govt.nz/map/income-support/extra-help/away-
from-home-allowance/payment.html
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Childcare Assistance
This section covers assistance MSD provides to help towards a client’s childcare
costs.
Childcare Subsidy (CCS) and OSCAR Subsidy
CCS is a non-taxable payment that aims to assist clients with dependent
children to undertake and remain in employment, education, or training.
The rate of CCS and OSCAR is determined based on the number of children,
the level of income and the fees charged by the childcare provider.
The CCS and OSCAR Subsidy is paid directly to the provider. Payment must
not be more than the fee the provider charges.
For detailed information regarding CCS and OSCAR please see:
https://www.workandincome.govt.nz/map/income-support/extra-
help/childcare-assistance-programme/index.html
Early Learning Payment (ELP)
ELP is a non-taxable payment that provides earlier access to Early Childhood
Education for families with specific needs.
ELP is paid up to a maximum of 20 hours childcare per week, at a maximum
of $9.09 per hour.
For more information please see:
https://www.workandincome.govt.nz/map/income-support/extra-help/early-
learning-payment/index.html https://www.workandincome.govt.nz/map/income-support/extra-help/early-
learning-payment/payment.html Guaranteed Childcare Assistance Payment (GCAP)
GCAP provides financial assistance with childcare costs to enable young
parents who are:
• receiving a main benefit to meet their youth activity obligations or
• not receiving a main benefit to return to, or remain in, secondary
education
For more information please see:
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https://www.workandincome.govt.nz/map/income-support/extra-
help/guaranteed-childcare-assistance-payment/index.html Community Costs
Community Costs is a non-taxable payment that can be paid to clients
receiving treatment in short-term residential treatment programmes to help
them to reintegrate into the community at the end of their treatment.
Allowable costs that can be considered for Community Costs are the client’s
ongoing costs in the community that are essential to help them to reintegrate
into the community at the end of their treatment.
Allowable costs can include:
• accommodation costs
• storage costs
• childcare costs for any dependent child
• agreed period payments
• employment and employment-related training costs
There could be costs other than those listed, that because of the client’s
individual circumstances may be included as an allowable cost.
The following costs are not considered as essential and ongoing costs in the
community, and cannot be included:
• payments of child support or maintenance
• debt repayments, fine repayments
• fees charged by banks or other financial institutions
For detailed information regarding Community Costs please see:
https://www.workandincome.govt.nz/map/income-support/extra-
help/community-costs/index.html Disability Allowance (DA)
DA provides non-taxable assistance to people who have ongoing, additional
costs because of a disability or health condition.
DA can be paid to help people with disabilities or health conditions to meet
costs that are:
• regular and ongoing
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• a direct result of a disability which is expected to continue for at least 6
months
• additional to, or over and above those costs that a person without a
disability would have
• not fully funded by another agency such as Health, ACC or other accident
insurers, Education, regional councils and
• not a residential care service
For detailed information regarding DA please see:
https://www.workandincome.govt.nz/map/income-support/extra-
help/disability-allowance/index.html
https://www.workandincome.govt.nz/map/income-support/extra-
help/disability-allowance/types-of-costs-01.html https://www.workandincome.govt.nz/map/income-support/extra-
help/disability-allowance/costs-paid-for-01.html https://www.workandincome.govt.nz/map/income-support/extra-
help/disability-allowance/costs-not-included-01.html Home Help
Home Help is a non-taxable payment that provides assistance to clients who
require temporary part-time home help to complete tasks normally performed
in the home such as laundry, housework, and food preparation.
Home Help is not paid for needs relating to age, ill health and infirmity. Clients
in these categories may be able to receive Home Support from the Ministry of
Health.
A client may receive Home Help if they meet the below qualifications:
https://www.workandincome.govt.nz/map/income-support/extra-help/home-
help/qualifications.html Home Help is generally paid directly to the home helper or the organisation
providing the Home Help. In exceptional circumstances Home Help may be
paid to the client.
Home-helpers may also be reimbursed for their actual and reasonable travel
expenses from their home to the clients' home, see:
https://www.workandincome.govt.nz/map/income-support/extra-help/home-
help/travel-costs-01.html
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Special Benefit (SPB)
SPB is discretionary non-taxable extra help assistance. Its intent is to provide
assistance to clients whose particular circumstances are causing them
hardship.
SPB cannot be paid to people who were not getting it or had not applied for it
immediately prior to 1 April 2006.
Allowable costs for Special Benefit are any regular essential expenses,
calculated on a weekly basis and based on the special circumstances of the
client.
Examples of costs that may be included in SPB are outlined in the below link:
https://www.workandincome.govt.nz/map/income-support/extra-
help/special-benefit/allowable-costs-01.html Temporary Additional Support (TAS)
TAS is non-taxable extra help paid as a last resort to help clients with their
regular essential living costs that cannot be met from their chargeable income
and other resources.
Allowable costs for Temporary Additional Support must be ongoing and regular
expenses, calculated on a weekly basis.
Please see the below link which outlines all allowable costs for TAS and the
qualifiers for each:
https://www.workandincome.govt.nz/map/income-support/extra-
help/temporary-additional-support/allowable-costs-01.html Please note that some costs have a limit on the weekly amount and number of
items that can be included in TAS.
https://www.workandincome.govt.nz/map/income-support/extra-
help/temporary-additional-support/allowable-cost-limits-01.html Christchurch Mosques Attack Assistance
A client may qualify for TAS as special assistance under the Christchurch
Mosques Attack Welfare Programme.
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TAS special assistance helps clients with their regular essential living costs that
cannot be met from their chargeable income and other resources. This
payment is equivalent to TAS and is calculated in the same way TAS is
calculated for clients who are refugees, protected persons, or a person applying
for permanent residence.
For more information please see:
https://www.workandincome.govt.nz/map/income-support/extra-
help/christchurch-mosques-attack-assistance/temporary-additional-support-
special-assistance.html
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