Statistical information and instructions for the appeal procedure of MSD's Benefit Review Committee.
Jason Wu made this Official Information request to Ministry of Social Development
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From: Jason Wu
Dear Ministry of Social Development,
Could you please provide information related to appeals considered by the Ministry of Social Development's (MSD) Benefits Review Committee (BRC)?
Specifically, I'd like to know:
1. From the year 2000 to the present, how many appeal cases were a client's overseas pension deducted from their superannuation, in accordance with Sections 187-191 of the Social Security Act 2018 (previously Section 70 of the Social Security Act 1964)? Please also specify how many of these appeals were successful (upheld) and how many were unsuccessful (overturned).
2. According to page 15 of the BRC panel information pack, if the BRC's decision contains a fundermantal error because "the Benefits Review Committee does not provide reasons/evidence for its decision, as required by regulation 247 of the Social Security Regulations 2018," the recommended action is to "Reconvene the original Benefits Review Committee to correct the omission. If the reconvened Benefits Review Committee is unable to give reason(s) for its decision, a new BRC will have to be arranged (original BRC treated as invalid)."
If an applicant makes this complaint to the MSD's National Office regarding this issue and their complaint is not being addressed, and the National Office refuses to take further action as per the Act/guidelines, what internal steps can the applicant take within MSD to resolve the problem? The possibility of proceeding to the Social Security Appeal Authority (SSAA) is not a justification for the BRC's failure to comply with the Act and its own guidelines, and the SSAA will not handle complaints about the BRC's appeal process".
Your prompt attention to this matter and provision of the requested information would be greatly appreciated.
Yours faithfully,
Jason Wu
From: OIA_Requests (MSD)
Ministry of Social Development
Tēnā koe Jason Wu,
Thank you for your email received 17 July 2025, under the Official Information Act 1982. Your request has been forwarded to the appropriate officials at National Office to respond.
Ngā manaakitanga,
Official 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
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From: OIA_Requests (MSD)
Ministry of Social Development
IN-CONFIDENCE
Dear Jason Wu
I write further to your OIA request set out below.
Can you please clarify whether, for question one below, you are requesting
data relating to BRC outcomes or Social Security Appeal Authority
outcomes?
We'd appreciate if you could get back to us with this information as soon
as possible (and by COB Friday 1 August at the latest) so we can continue
progressing your OIA request.
Many thanks
Official Information team | Ministerial and Executive Services
Ministry of Social Development
Our Purpose:
We help New Zealanders to be safe, strong and independent.
Manaaki Tangata, Manaaki Whānau.
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From: Jason Wu
Dear OIA_Requests (MSD),
Thanks for the message. I clarify that my question one is related to BRC outcomes, not SSAA.
Can you help with one more request as follows:
3. Of the individuals whose appeals to the BRC were denied, how many applicants subsequently escalated their case to the SSAA?
Thank you for your assistance.
Yours sincerely,
Jason Wu
From: OIA_Requests (MSD)
Ministry of Social Development
IN-CONFIDENCE
Tçnâ koe Jason Wu,
I am emailing you regarding the following part of your recent OIA request:
• Of the individuals whose appeals to the BRC were denied, how many
applicants subsequently escalated their case to the SSAA?
We have transferred this part of your request to the Ministry of Justice,
as this information is not held by the Ministry of Social Development and
is believed to be held by the Ministry of Justice. In these circumstances,
we are required by section 14 of the OIA to transfer your request.
Please note that according to sections 14 and 15(1) of the Official
Information Act, the 20-working day response period is reset by the
transfer and starts again on the day the Ministry of Justice receives the
transfer notification. We have notified the Ministry of Justice about this
transfer today.
You will hear further from the Ministry of Justice concerning your request
in due course.
Nâ mâtou noa, nâ
Official Information Team | Ministerial and Executive Services
Ministry of Social Development
Our Purpose:
We help New Zealanders to be safe, strong and independent
Manaaki Tangata, Manaaki Whânau
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From: OIA@justice.govt.nz
Tēnā koe Jason,
We acknowledge receipt of your request, partially transferred from
Ministry of Social Development, under the Official Information Act 1982.
Specifically, you requested:
Of the individuals whose appeals to the BRC were denied, how many
applicants subsequently escalated their case to the SSAA?
This has been forwarded onto the relevant business unit to respond to.
The Ministry may publish the response to your request on our website, you
can expect that if your OIA is to be published that this will take place
at least 10 working days after it has been sent you. Your name and any
other personal information will be withheld under Section 9(2)(a) (protect
the privacy of natural persons).
You can expect a response by 5 September 2025.
Ngā mihi nui,
Ministerial Services
Communications and Ministerial Services | Corporate Services
Ministry of Justice | Tāhū o te Ture [1]justice.govt.nz
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From: OIA_Requests (MSD)
Ministry of Social Development
IN-CONFIDENCE
Kia ora Jason Wu,
I am writing to you regarding your request for information below.
This email is to advise you that the Ministry requires more time to
respond to this request. In accordance with section 15(1) and 15A of the
Official Information Act, the Ministry’s decision will be with you by 10
September 2025.
The reason for the extension is that consultations necessary to make a
decision on the request are such that a proper response cannot reasonably
be made within the original time limit.
You have the right to seek an investigation and review by the Ombudsman of
this decision. Information about how to make a complaint is available at
[1]www.ombudsman.parliament.nz or 0800 802 602.
If you wish to discuss any aspect of your request with us, including this
decision, please feel free to contact [2][MSD request email].
I will respond to you sooner if I am able to.
Ngâ mihi,
Official Information Team | Ministerial and Executive Services
Ministry of Social Development
Our Purpose:
We help New Zealanders to be safe, strong and independent
Manaaki Tangata, Manaaki Whânau
From: Jason Wu <[FOI #31638 email]>
Sent: Wednesday, July 30, 2025 7:11 PM
To: OIA_Requests (MSD) <[MSD request email]>
Subject: Re: FW: 20250723 Acknowledgement WU
Dear OIA_Requests (MSD),
Thanks for the message. I clarify that my question one is related to BRC
outcomes, not SSAA.
Can you help with one more request as follows:
3. Of the individuals whose appeals to the BRC were denied, how many
applicants subsequently escalated their case to the SSAA?
Thank you for your assistance.
Yours sincerely,
Jason Wu
show quoted sections
From: OIA@justice.govt.nz
Tçnâ koe Jason,
Please find attached the Ministry’s response to your request for official
information.
Ngâ mihi,
+--------------------------------------------+
| |Communications and Ministerial Services | |
| |Corporate Services |
| | |
| |Ministry of Justice | Tâhû o te Ture |
| |Justice Centre | 19 Aitken Street, |
| |Wellington (6011) |
| | |
| |[1][email address]|
| | |
| |[2][email address] |
| | |
| |[3][email address] |
| | |
| |[4]justice.govt.nz |
+--------------------------------------------+
From: [email address] <[email address]>
Sent: Friday, August 8, 2025 2:21 PM
To: Jason Wu <[FOI #31638 email]>
Subject: RE: FW: 20250723 Acknowledgement WU (ref: 124625)
Tçnâ koe Jason,
We acknowledge receipt of your request, partially transferred from
Ministry of Social Development, under the Official Information Act 1982.
Specifically, you requested:
Of the individuals whose appeals to the BRC were denied, how many
applicants subsequently escalated their case to the SSAA?
This has been forwarded onto the relevant business unit to respond to.
The Ministry may publish the response to your request on our website, you
can expect that if your OIA is to be published that this will take place
at least 10 working days after it has been sent you. Your name and any
other personal information will be withheld under Section 9(2)(a) (protect
the privacy of natural persons).
You can expect a response by 5 September 2025.
Ngâ mihi nui,
Ministerial Services
Communications and Ministerial Services | Corporate Services
Ministry of Justice | Tâhû o te Ture [5]justice.govt.nz
show quoted sections
From: OIA_Requests (MSD)
Ministry of Social Development
Appendix One BRC cases for OSP deduction on NZS by financial year and outcome Mar2003 Jun2025 1.xlsx
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OIA Decision letter Jason Wu.pdf
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IN-CONFIDENCE
Dear Jason
Please find attached the Ministry’s response to your Official Information
Act request.
Nâ mâtou noa, nâ
Official Information Team | Ministerial and Executive Services
Ministry of Social Development
Our Purpose:
We help New Zealanders to be safe, strong and independent
Manaaki Tangata, Manaaki Whânau
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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Jason Wu left an annotation ()
Thanks for the message. I clarify that my question one is related to BRC outcomes, not SSAA.
Can you help with one more request as follows:
3. Of the individuals whose appeals to the BRC were denied, how many applicants subsequently escalated their case to the SSAA?
Thank you for your assistance.
Link to this