MEAN AND TRICKY

27 October 2013

A letter is often sent to beneficiaries from Work and Income NZ with the key words "As we have not received all the information requested your Special Benefit has been stopped" - or will be, even though you have supplied all the information the Department requested. This type of intimidation is perpetrated on sick persons such as my wife who is 100% disabled as far as working goes and has been nearly all her life. She is incapable of responding to this type of bullying and if it were not for her advocate she and I would be destitute and living in slum conditions, or incarcerated in an institution.

Work and Income NZ has no compassion, no concern for the well being of its clients. Its SOLE INTEREST IS TO DENY NEEDY PERSONS THEIR ENTITLEMENT TO ASSISTANCE WHICH LEGISLATION PROVIDES.

The other night on a TV ("Fair Go") program there was a case concerning an elderly couple who were living on $47.11 each a week after essential commitments were taken care of. Work and Income had been denying this disabled couple assistance for at least six months. It was not until the TV crew got into the act that something was done. Work and Income immediately paid arrears to the couple of $4000. They now have about $120 a week each to live on. Which means that this couple will still live and die in paucity. You try living on $120 a week!!

If you lived on bread, and sausages out of the freezer (bought on 'special' from a supermarket) you might survive – just. That is until you become sick and your G.P. places you onto the government's Hospital Waiting List. Unfortunately there is a pretty good chance of you succumbing to your illness before your turn for hospital treatment comes around.

To cry there is no money is a lie. There is plenty of money and there always has been. It is evident that New Zealand is awash with money. Denying persons their entitlement to assistance is an art with Work and Income staff - starting from the top of the daisy chain (the Crown) insidious intimidation is applied all the time.

It is known that bonus's are paid on "performance". Which simply means that the more money denied needy persons, the larger the bonus. There is little doubt that a percentage of all money denied to sick and disabled persons is paid to staff by way of bonus's.

It is no use complaining to Work and Income hierarchy about your case manager As your case manager is merely carrying out the orders of the hierarchy.

If you consider that a breach of trust has occurred you can take the Crown to the District court pursuant to the Crown Proceedings Act 1950.

PART 1

SUBSTANTIVE LAW

3.       Claims enforceable against the Crown under this Act-

(2) Subject to the provisions of this Act and any other Act, any person (whether a subject of Her Majesty or not) may enforce as of right, by civil proceedings taken against the Crown for that purpose in accordance with the provisions of this Act, any claim or demand against the Crown in respect of any of the following causes of action:

(a) The breach of any contract or trust.

You may need a Solicitor to assist you, but do not allow him or her to speak in the court. You must decide whether a breach of trust occurred or not. If you present the facts you cannot lose provided that there was a breach of trust. Do not allow a member of the judicial fraternity decide that for you. Why? because the chances are he will be less than honest with you. If you take too much notice of his suggestions you will lose your case.

A Solicitor may encourage you to appeal to a Benefit Review Committee. However a claim against the Crown for 'breach of trust' is an inappropriate forum because such a claim against the Crown cannot be fairly heard by 2 Work and Income employees and a well paid community representative who is paid by the Crown. In fact, my conclusion, after extensive experience with Benefit Review Committees, is that this appeal system is a farce. It is nothing less than a joke. Established to favour the Crown and deny the appeal.

end