Application to review Widows Benefit form
L.K.Barber made this Official Information request to Ministry of Social Development
Response to this request is long overdue. By law Ministry of Social Development should have responded by now (details and exceptions). The requester can complain to the Ombudsman.
From: L.K.Barber
Dear Ministry of Social Development,
To whom it may concern, with regard to an Application to review 'Widows Benefit' form used by the Ministry for the years 1995-1998.
The PIR act 1976 2D - Meaning of 'de facto relationship'- there are 9 relevant factors that a court looks at to determine the circumstances of a relationship.
Benefit renewal form question 3. Have you married or are you living with a person in a relationship in the nature of a marriage?
1/ Given that non-formalised relationships have no clear definition & a court needs to consider all relevant factors, How does the Ministry determine that a client has the necessary qualification or legal knowledge to answer this question correctly when the options are only yes or no?
Benefit renewal form questions 9 & 10.
9-Have any children other than those listed below come permanently into your care?
10-Are all of these children permanently in your care or financially maintained by you?
2/ Question 10 has two points but only one answer option is available. Why?
3/ What change, if any, occurs to a clients 'Widows' benefit eligibility if a child/children come permanently into a clients care but is/are not financially maintained by that client?
4/ Are the questions about additional children asked in relation to what may be considered 'a change in circumstances that could affect my entitlement to payments' as per the 3rd point of the declaration that must be signed?
5/ If question 9 is answered with a 'yes' what procedure did the case manager follow?
6/ If a child/children who is/are independently financially maintained come into the permanent care of a client in receipt a 'Widows Benefit', what procedure did the Ministry follow & how did it affect a clients eligibility?
7/ For the years 1995-1998. If a client receiving a 'Widows' benefit advises the Ministry of additional children, what procedure did the Ministry undertake to satisfy the continued criteria of 'Widow'?
8/ Was the 'Widow' benefit renewal form designed to be used by a lay-person?
9/ Why/how did the continued eligibility criteria for 'Widows' benefit differ from a client receiving a DPB or Unemployment benefit?
Please answer all questions individually. Please note question 9 contains 2 points.
Yours faithfully,
L.K.Barber
From: OIA_Requests (MSD)
Ministry of Social Development
Tēnā koe L. K. Barber,
Thank you for your email received 12 February 2016, under the Official Information Act 1982. Your request has been forwarded to the appropriate officials at National office to respond. You may expect a response to be sent to you as soon as possible.
Nā mātou noa, nā
Official and Parliamentary 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
-----Original Message-----
From: L.K.Barber [mailto:[FOI #3633 email]]
Sent: Friday, 12 February 2016 12:38 p.m.
To: OIA_Requests (MSD)
Subject: Official Information Act request - Application to review Widows Benefit form
Dear Ministry of Social Development,
To whom it may concern, with regard to an Application to review 'Widows Benefit' form used by the Ministry for the years 1995-1998.
The PIR act 1976 2D - Meaning of 'de facto relationship'- there are 9 relevant factors that a court looks at to determine the circumstances of a relationship.
Benefit renewal form question 3. Have you married or are you living with a person in a relationship in the nature of a marriage?
1/ Given that non-formalised relationships have no clear definition & a court needs to consider all relevant factors, How does the Ministry determine that a client has the necessary qualification or legal knowledge to answer this question correctly when the options are only yes or no?
Benefit renewal form questions 9 & 10.
9-Have any children other than those listed below come permanently into your care?
10-Are all of these children permanently in your care or financially maintained by you?
2/ Question 10 has two points but only one answer option is available. Why?
3/ What change, if any, occurs to a clients 'Widows' benefit eligibility if a child/children come permanently into a clients care but is/are not financially maintained by that client?
4/ Are the questions about additional children asked in relation to what may be considered 'a change in circumstances that could affect my entitlement to payments' as per the 3rd point of the declaration that must be signed?
5/ If question 9 is answered with a 'yes' what procedure did the case manager follow?
6/ If a child/children who is/are independently financially maintained come into the permanent care of a client in receipt a 'Widows Benefit', what procedure did the Ministry follow & how did it affect a clients eligibility?
7/ For the years 1995-1998. If a client receiving a 'Widows' benefit advises the Ministry of additional children, what procedure did the Ministry undertake to satisfy the continued criteria of 'Widow'?
8/ Was the 'Widow' benefit renewal form designed to be used by a lay-person?
9/ Why/how did the continued eligibility criteria for 'Widows' benefit differ from a client receiving a DPB or Unemployment benefit?
Please answer all questions individually. Please note question 9 contains 2 points.
Yours faithfully,
L.K.Barber
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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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From: Thomas Fleming
Ministry of Social Development
Good morning L. K. Barber
I am writing to notify you that the Ministry has made multiple attempts to
contact you and have not been able to reach you.
I am advised that the region would like to speak with your to discuss your
requests and help you with the information you have sought. The Assistant
Service Centre Manager in the Papakura Community Link, Sandra Haru can be
contacted on 09 917 6378 and she can assist you with your enquiries.
Please feel free to call her when you are available.
Thank you
Thomas
Official and Parliamentary 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
------------------------------- 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.
-------------------------------
From: Thomas Fleming
Ministry of Social Development
Thomas Fleming would like to recall the message, "Your Official Information Act Request".
-------------------------------
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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From: OIA_Requests (MSD)
Ministry of Social Development
Good morning L. K. Barber
I am writing to notify you that the Ministry has made multiple attempts to
contact you and have not been able to reach you.
I am advised that the region would like to speak with your to discuss your
requests and help you with the information you have sought. The Assistant
Service Centre Manager in the Papakura Community Link, Sandra Haru can be
contacted on 09 917 6378 and she can assist you with your enquiries.
Please feel free to call her when you are available.
Thank you
Thomas
Official and Parliamentary 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
------------------------------- 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.
-------------------------------
From: L.K.Barber
Dear OIA_Requests (MSD),
Firstly, my apology for the inconvenience. I Believe that my incorrectly addressed request has been correctly forwarded to DSW. They have requested a meeting. No communication was received by me in any format before I made contact with the DSW call centre about my request being well overdue. As stated earlier I do apologise & thank you Thomas. I have since made contact with Sandra Haru from Community Link.
Yours sincerely,
L.K.Barber
From: L.K.Barber
Dear Thomas Fleming,
I have received a part of my OIA request pertaining to 'Widows Benefit Review form' from Branch office.( Personal)
I have not however received that portion of the request, after clarification of this same request at Branch, from National office. As stated earlier I would prefer my reply to be sent to the FYI web site. This request is now long overdue, I am still awaiting a reply to ALL questions as is my right by law.
Could you please explain why a reply to this request is/has not been forthcoming ?
Yours sincerely,
L.K.Barber
L.K.Barber left an annotation ()
The first question is of particular interest to me as various Govt. Dept's. seems to be asking a question not only of fact but law as well. Given that a 'Marriage like relationship' contains certain attributes that are given differing weights of importance dependant on certain circumstances, and is an 'opinion formed by a Court of Law', how can an average person be considered qualified to provide a correct & factual answer on a 'Marriage' as required by this form BEFORE having it determined by a Court first? How long is a piece of string?
From: L.K.Barber
Dear Thomas Fleming,
As you have long since received the requested clarification statement, could you please explain the delay in responding to the information requested; Widows benefit review form & external agency contact prior to granting Widows benefit.1990-1995.
Yours sincerely,
L.K.Barber
From: OIA_Requests (MSD)
Ministry of Social Development
Good morning L.K Barber
You original request was passed onto the Service Centre Manager to ascertain the information that you had requested. The Ministry had made multiple attempts to reach you to assist you with the information you had sought.
Following your meeting with the Manager (11 May 2016) they have now sent through a copy of who is now providing parts of the information and this is being processed at this point in time and is still in consultation to prepare the information you have requested.
This will be provided to you once the information has been signed off for release.
Thank you for your patience
Thomas
Official and Parliamentary 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
-----Original Message-----
From: L.K.Barber [mailto:[FYI request #3633 email]]
Sent: Tuesday, 19 July 2016 8:27 p.m.
To: Thomas Fleming
Subject: Re: Recall: Your Official Information Act Request
Dear Thomas Fleming,
As you have long since received the requested clarification statement, could you please explain the delay in responding to the information requested; Widows benefit review form & external agency contact prior to granting Widows benefit.1990-1995.
Yours sincerely,
L.K.Barber
-----Original Message-----
Thomas Fleming would like to recall the message, "Your Official Information Act Request".
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FYI request #3633 email]
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers
If you find this service useful as an Official Information officer, please ask your web manager to link to us from your organisation's OIA or LGOIMA page.
-------------------------------------------------------------------
-------------------------------
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.
-------------------------------
hide quoted sections
From: OIA_Requests (MSD)
Ministry of Social Development
Good afternoon L.K Barber
Following your meeting with the assistant Service Centre Manager on 10 May
we have received a further breakdown of the information you have
requested.
I would like to update you on the progress of this response and outline
which business units are addressing each of your questions.
I believe the Service Centre is addressing the questions that are
specific to your own situation. The Service Centre will be in touch with
you to confirm this.
The Ministry of Social Development National Office will respond to the
following part of your request under the Official Information Act:
· What was the policy and process involved when a Widow came into
apply for assistance? Were there any procedures that case-managers
followed to ensure that clients were informed of the services other
agencies offered.
I would like to advise you that the Ministry is working on your response
however, will need additional time to provide a response to you. This will
be communicated to you in a formal extension letter.
I apologise for the delay and thank you for your patience during this
time.
Kind Regards
Thomas
Official and Parliamentary 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
------------------------------- 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.
-------------------------------
From: OIA_Requests (MSD)
Ministry of Social Development
Tēnā koe L K Barber
Please find attached a letter regarding the need to extend the time
available to complete your response
Nā mātou noa, nā
Official and Parliamentary 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
From: OIA_Requests (MSD)
Sent: Tuesday, 26 July 2016 2:41 p.m.
To: L.K.Barber
Cc: OIA_Requests (MSD)
Subject: Your Official Information Act request.
Good afternoon L.K Barber
Following your meeting with the assistant Service Centre Manager on 10 May
we have received a further breakdown of the information you have
requested.
I would like to update you on the progress of this response and outline
which business units are addressing each of your questions.
I believe the Service Centre is addressing the questions that are
specific to your own situation. The Service Centre will be in touch with
you to confirm this.
The Ministry of Social Development National Office will respond to the
following part of your request under the Official Information Act:
· What was the policy and process involved when a Widow came into
apply for assistance? Were there any procedures that case-managers
followed to ensure that clients were informed of the services other
agencies offered.
I would like to advise you that the Ministry is working on your response
however, will need additional time to provide a response to you. This will
be communicated to you in a formal extension letter.
I apologise for the delay and thank you for your patience during this
time.
Kind Regards
Thomas
Official and Parliamentary 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
------------------------------- 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.
-------------------------------
From: L.K.Barber
Dear Thomas Fleming,
Please advise who will be responding to the questions regarding the review form itself, & who will be responding to the request for the Income & Property manual (as requested), used in conjunction with the Widows policy manual, already supplied?
Thank you for advising that an extension will be requested. I will point out that it has now been 53 working days since I attended the meeting at branch on May 11 '16 & my original request was made on 12 February transferred & lost.
I found the Social Security Act 1964 1A PURPOSE (a)(b)(c)in particular (ii)' any financial support that they are eligible for or already receive, otherwise than under this act, from publicly funded sources'
& the P/R Act 1976 2D MEANING OF DE FACTO RELATIONSHIP (2)(3)(4)a to be pertinent to my request.
Yours sincerely,
L.K.Barber
From: OIA_Requests (MSD)
Ministry of Social Development
Tçnâ koe Ms L K Barber
Please find attached the Ministry’s response to your Official Information
Act request
Nâ mâtou noa, nâ
Official and Parliamentary 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 mâtou he whakamana tangata kia tû haumaru, kia tû kaha, kia tû
motuhake
From: OIA_Requests (MSD)
Sent: Tuesday, 26 July 2016 3:49 p.m.
To: L.K.Barber
Subject: 20160726 Extension BARBER
Tçnâ koe L K Barber
Please find attached a letter regarding the need to extend the time
available to complete your response
Nâ mâtou noa, nâ
Official and Parliamentary 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 mâtou he whakamana tangata kia tû haumaru, kia tû kaha, kia tû
motuhake
From: OIA_Requests (MSD)
Sent: Tuesday, 26 July 2016 2:41 p.m.
To: L.K.Barber
Cc: OIA_Requests (MSD)
Subject: Your Official Information Act request.
Good afternoon L.K Barber
Following your meeting with the assistant Service Centre Manager on 10 May
we have received a further breakdown of the information you have
requested.
I would like to update you on the progress of this response and outline
which business units are addressing each of your questions.
I believe the Service Centre is addressing the questions that are
specific to your own situation. The Service Centre will be in touch with
you to confirm this.
The Ministry of Social Development National Office will respond to the
following part of your request under the Official Information Act:
· What was the policy and process involved when a Widow came into
apply for assistance? Were there any procedures that case-managers
followed to ensure that clients were informed of the services other
agencies offered.
I would like to advise you that the Ministry is working on your response
however, will need additional time to provide a response to you. This will
be communicated to you in a formal extension letter.
I apologise for the delay and thank you for your patience during this
time.
Kind Regards
Thomas
Official and Parliamentary 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 mâtou he whakamana tangata kia tû haumaru, kia tû kaha, kia tû
motuhake
------------------------------- 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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L.K.Barber left an annotation ()
This request was mistakenly sent to MSD instead of MSW who do now have this request. I gratefully thank MSD very much.The response from MSW is to advise the necessity of an interview.
Link to this