000 02993nam a2200301Ia 4500
001 112829
005 20250625151241.0
008 110331s2001 eng
040 _aWSS
_dAFV
100 _aJoychild, Frances
_91451
245 _aReport to the Minister for Social Services :
_breview of Department of Work and Income implementation of the Court of Appeal decision : Ruka v Department of Social Welfare [1997] 1 NZLR 154
_cJoychild, Frances
260 _aWellington
_bMinistry of Social Development
_c2001
300 _a72 p. ; computer file : PDF format (404Kb)
365 _a00
_b0
520 _aThis report is the investigative review of the implementation of the Court of Appeal Decision of Ruka v Department of Social Welfare [1997] 1 NZLR 154. The author examines the investigation and establishment of overpayments made to individuals who were living in a marriage-type-relationship at the time of receiving benefits between November 1996 and December 2000. The author explores the usage of incorrect legal testing, Violence to Women investigations, and decision-making checks and balance weaknesses within the Department of Social Welfare (DSW). The report's principal recommendation is that all DSW decisions taken to establish overpayments against beneficiaries on the grounds that they were living in a marriage-type-relationship, between November 1996 and December 2000, be reviewed to ensure the evidence satisfied the Ruka legal test, with the exceptions of cases that went to the Social Security Appeal Authority or where the beneficiary was prosecuted for benefit fraud. The report recommends the need to refocus towards a dual emphasis in benefit crime initiatives between detection and prevention of benefit crime, and to ensure that all New Zealanders in receipt of social security are treated with dignity, respect and equality with other citizens. It recommends domestic violence education for DSW staff, as well as public education relating to benefit fraud prevention. It outlines the need for the development of DSW relationships with the community. Additional policy and legislative changes are recommended in terms of: the disestablishment of monetary target incentives for DSW investigators; the urgent clarification in legislation, reassessment and rectification of cases where non allowance of 'notional entitlement' has increased unintentional fraud debt unnecessarily; and development of a debt burden policy to beneficiaries.
522 _anz
650 2 7 _2FVC
_aDOMESTIC VIOLENCE
_9203
650 2 7 _aINTERPERSONAL RELATIONSHIPS
_9325
650 2 7 _2FVC
_aJUSTICE
_9333
650 2 7 _2FVC
_aPOLICY
_9447
650 2 4 _aSOCIAL SERVICES
_9555
650 2 7 _aSOCIAL WELFARE
_9559
650 2 7 _2FVC
_aSOCIAL WORK PRACTICE
_9562
650 2 7 _9431
_aINTIMATE PARTNER VIOLENCE
_2FVC
650 2 7 _9336
_aLAW
856 4 _uhttp://www.msd.govt.nz/documents/about-msd-and-our-work/publications-resources/archive/2002-rukareport.pdf
942 _2ddc
_cREPORT
999 _c3129
_d3129