Work and Income information sheet
An Ombudsman cannot normally investigate:
Decisions made by Work and Income on a benefit entitlement, such as whether to:
- grant or review a benefit entitlement;
- provide an advance on a benefit;
- provide a special needs grant; or
- establish an overpayment.
This is because there is a right of review to the Benefit Review Committee and a further right of appeal to the Social Security Appeal Authority, from any decision made by Work and Income. Medical decisions relating to invalids benefits may be appealed to the Medical Appeal Board. Student allowance decisions can be challenged by review and there is a further right of appeal to the Student Allowance Appeal Authority. Details of how to access these rights are provided in Work and Income decision letters.
An Ombudsman is not normally authorised to investigate Work and Income decisions that are subject to rights of appeal, whether or not the right of appeal has been exercised.
An Ombudsman may investigate:
Work and Income actions which are not related to a decision on a benefit entitlement. For example:
- delays in processing an application for a benefit, advance, special needs grant, or a review;
- delays in responding to correspondence;
- standard of service by case manager;
- failure to respond to telephone calls; or
- delays in obtaining an appointment .
However, as an Ombudsman’s investigation is one of last resort, the matter should first be raised with the Ministry of Social Development, of which Work and Income is a part. A complaint can be made by writing to:
The Chief Executive
Ministry of Social Development
PO Box 12 136
WELLINGTON
If the Ministry does not provide a satisfactory response, a complaint may then be made to an Ombudsman.