10 Mar 2014
MORGAN v THE CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT [2014] NZHC 421
- Citation
- [2014] NZHC 421
- Court
- High Court
The Authority correctly recognized deprivation may be deliberate, but erred in applying s 74(1)(d) because deprivation must be the determinative cause of qualification for the benefit; TAA is not asset or income tested so depriving oneself of property via a trust did not make the appellants qualify when they otherwise would not. On the facts appellants otherwise met Programme eligibility and the Authority's exercise of discretion to decline was incorrect; High Court reversed and approved grant of TAA at $300 per week.