New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Benefit overpayment

Legal area

Court

9 Jul 2009

KING V THE CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT HC WN CIV-2009-485-000705

Citation

openlaw-d029394d_22c5_400f_a851_bfb08ee99c01.pdf
Court

High Court

The Authority applied the correct legal test: a married couple are not 'living apart' for benefit purposes where they remain emotionally and matrimonially committed despite physical separation; the overpayment was not caused by Ministry error but by the appellant's failure to notify her marriage, so s 86(9A) did not preclude recovery; the High Court will not overturn credibility findings absent legal error.
3 Oct 2006

THE CHIEF EXECUTIVE OF THE DEPARTMENT OF WORK AND INCOME V ARBUTHNOT CA CA256/05

Citation

openlaw-f5821d18_2820_4bce_b5b3_a05126ffb2f5.pdf
Court

Court of Appeal

The Appeal Authority was correct to allow the chief executive to defend the accommodation supplement overpayment on the basis of conjugal status because the appeal is against the original delegate's decision and is "by way of rehearing," permitting the Authority to determine the matter afresh and to receive evidence not confined to the reasons relied on by the benefits review committee; the benefits review committee's favourable finding on conjugal status does not estop the chief executive or amount to an absolute bar on raising the issue on appeal given the statutory review powers under s81…