3 Dec 2021

Law students join fight for MSD to refund mothers docked benefits for not naming fathers

From Checkpoint, 5:46 pm on 3 December 2021

Auckland University law students have joined the fight to get MSD to refund women who've had their benefits docked for not naming a child's father.

Under the so-called Section 70 sanction, many women receiving a benefit had up to $28 a week deducted. 

There were exemptions to the rule, including cases of sexual assault or the risk of violence, and insufficient evidence to prove who the dad was. 

Last year the government scrapped the sanction; describing it as morally wrong. 

MSD has been proactively reviewing some cases, while other women are left navigating a complicated system alone.
 
But for the first time this year the University of Auckland has been running a social welfare law course, with some students working with beneficiary advocates to get sanctions reimbursed and creating a template that others can use.

Associate law Professor Hanna Wilberg explained to Checkpoint how it is working.

The law students prepared submissions on behalf of an Ōtara mother of three, who on and off over two decades had her benefit docked for refusing to name the fathers of her children. 

As a result her case has been reopened by the Ministry of Social Development.

She says at the time Work and Income did not explain there were ways to avoid the sanction, and she did name the two fathers, but was told she had not provided enough proof, and should get paternity tests. The men however, lived overseas. 

The woman said it were her kids who suffered.

MSD said this was not one of the cases that was proactively reviewed, but the ministry has now had a legal opinion on it and says it is " on track to be finalised".

It says it has faced unprecedented demand for services due to Covid, but it currently has four staff reviewing sanction cases which are complex and time consuming.

About 8700 have been completed and there are 2,565 cases to go, with 30 in progress. Arrears payments have averaged just over $2,700.