29 Jul 2013
ROBB & ROBB v THE CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT [2013] NZHC 1918
- Citation
- [2013] NZHC 1918
- Court
- High Court
Although part of the lump sum compensation did not strictly fall within the statutory definition of 'income' in s3, the Chief Executive was entitled to treat the element relating to loss of earning capacity as income under s71(1)(a); accordingly the Authority was correct to find compensation exceeded the cut-out point for Mr Robb (and for Mrs Robb's invalid's benefit); the failure to impose a s71(1)(b) condition did not constitute an 'error' under s86(9A) and did not prevent establishing an overpayment or recovery; the Authority correctly declined to direct that no recovery steps be taken, bu…