Hearing Process
The hearing process of the Student Allowance Appeal Authority.
First talk to MSD
If you have applied for, or are receiving, a tertiary allowance, award or grant and you are unhappy with the Ministry of Social Development (MSD) decision on your application, the first step is to ask them to review their decision.
You can ask for a review of a decision by writing to the business unit that made the original decision. This will usually be StudyLink, an Area Benefit Control Unit or the National Data Match Centre.
You must ask for your review within three months of receiving notification of the original decision.
The initial MSD review may involve a hearing where you can present your views in person or with the help of someone else.
Two types of review
There are two types of review - statutory and administrative. As part of the review process, MSD will make an initial assessment to ascertain which type of review applies.
The initial MSD review may involve a hearing where you can present your views in person or with the help of someone else.
A decision on your complaint will then be made by an independent MSD officer acting on behalf of the Chief Executive. If you are unhappy with this decision or any part of it, you may then appeal to the Student Allowance Appeal Authority.
Appeals to the Student Allowance Appeal Authority
Appeals to the Authority must be made within 21 days of the decision you are appealing against. If you wish to bring an appeal outside this time, you must seek permission from the Authority. You will need to explain the reasons for the delay.
Hearing process
Once an appeal is lodged, we will request a report from MSD detailing the decision and the reasons for it, and all relevant documents. A copy of this report will be sent to you so you can make further submissions or comments that you think may help your case. Any comments you make will be sent to MSD and they will have an opportunity to respond. The full file will then be sent to the Authority for a final decision.
Decisions of the Authority must include written reasons, and may either confirm the original decision made by MSD or, if your appeal is successful, substitute a new one. You will be sent a copy of the decision.
Decisions of the Authority are final – neither you nor MSD can appeal them.
Legal representation
You don't need a lawyer but can use one if you wish. You may choose to present your own written case, or have a lawyer, family member or anyone else write it for you. If you do want help, you should try and get it from someone who knows the process and who can help you put your case forward.
Your Students' Association will have people who do this or you can try your local Citizens Advice Bureau or Community Law Centre. What is important is that your case clearly presents the points you want to make.
If you do use a lawyer, you may be entitled to a legal aid grant to help with legal costs. A lawyer, your local Citizens Advice Bureau, or Community Law Centre can advise on this.
