19 Mar 2015
THODE v THE MINISTRY OF SOCIAL DEVELOPMENT [2015] NZHC 521
- Citation
- [2015] NZHC 521
- Court
- High Court
The Authority erred by conflating the Trust and the appellant and by determining as a matter of law that drawings from a bank overdraft facility secured against capital automatically constitute the appellant's "income" without first making factual findings about the true nature of the payments from the Trust to the appellant; consequently the High Court remitted the case stated to the Social Security Appeal Authority for evidence and factual determination on the nature of those payments; the Court answered the other two questions: the Authority did not err by including Child Support (answer:…