10 July 2024
A Lee
[FYI request #27211 email]
Tēnā koe A Lee
Official Information Act request
Thank you for your email of 11 June 2024, requesting information about any recent
Benefit Review Committee cases on the definition of a dependent child and
guidance on shared 50/50 custody of children.
I have considered your request under the Official Information Act 1982 (the Act).
Please find my decision on your request set out below.
I would like to request a copy of any recent Benefit Review Committee
decisions around the definition of "Dependent Child" in relation to the rate
of Accommodation Supplement, as well as any decisions that may have been
determined by a higher court if any such decisions exist.
The Ministry of Social Development (the Ministry) takes guidance on the definition
of a dependent child from Schedule 2 of the Social Security Act 2018 (SSA). This
definition applies to a range of Ministry products, including Accommodation
Supplement.
You can find the SSA, specifically Schedule 2 at the following link:
•
legislation.govt.nz/act/public/2018/0032/latest/DLM6784375.html#DLM67
84375
Additionally, some information that you have requested is set out in the Ministry’s
internal and external online resource – Manual and Procedures (MAP). MAP
information includes operational policy, benefit rates and links to relevant
legislation. The policy guidelines help staff to ensure accurate and sound decisions
can be made, so clients are receiving the correct rate of entitlement.
Each section of information is provided as an online manual, which can be read as
a manual, or as individual pages for specific information. All information on the
internal version of MAP is replicated on the external version. However, any links
that relate back to internal Ministry sites will not work, as there is no direct access
to Ministry intranet sites from MAP.
The following MAP resource provides a definition of a dependent child in the context
of the qualifications for eligibility for the Accommodation Supplement:
The Aurora Centre, 56 The Terrace, PO Box 1556, Wellington
– Telephone 04-916 3300 – Facsimile 04-918 0099
•
www.workandincome.govt.nz/map/income-support/extra-
help/accommodation-supplement/dependent-child-01.html
We have been unable to locate any Benefit Review Committee decisions relating
to the definition of a dependent child and the rate of Accommodation Supplement
specifically, therefore this part of your request is refused under section 18(e) of
the Act as this document does not exist or, despite reasonable efforts to locate it,
cannot be found.
I would also like to request what guidance, if any, is given to frontline staff
on the issue of shared 50/50 custody of children in relation to
Accommodation Supplement rates and Childcare / OSCAR Subsidy
applications.
No specific guidance is available to staff about shared care in relation to
Accommodation Supplement specifically, therefore this part of your request is
refused under section 18(e) of the Act as this document does not exist or, despite
reasonable efforts to locate it, cannot be found.
Guidance on shared care in relation to Childcare Subsidy and OSCAR Subsidy is
provided at the following publicly available MAP links:
• Childcare subsidy:
www.workandincome.govt.nz/map/income-
support/extra-help/childcare-assistance-programme/shared-care-principal-
caregiver.html
• OSCAR subsidy:
www.workandincome.govt.nz/map/income-support/extra-
help/childcare-assistance-programme/shared-care-principal-caregiver-
03.html
We are also providing you with the following internal Ministry resources in the
attached
Appendix:
• Childcare and OSCAR Subsidy shared care – Intranet resource
• The Review of Decision Process Summary – Intranet resource
• Shared care of a child Review of Decision letter template – Intranet resource
• 50/50 Shared Care and Childcare Assistance – Internal presentation
resource.
I will be publishing this decision letter, with your personal details deleted, on the
Ministry’s website in due course.
If you wish to discuss this response with us, please feel free to contact
[MSD request email].
If you are not satisfied with my decision on your request, 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
pp.
Magnus O’Neill
General Manager
Ministerial and Executive Services
