Unsupported Child's Benefit Declined: How to Appeal a Work and Income Decision

When UCB or Orphan's Benefit Is Declined

A declined application does not necessarily mean you are ineligible. Work and Income assessments depend on the evidence submitted, and incomplete documentation, misunderstood family circumstances, or case manager error can all lead to an incorrect decline. Grandparents Raising Grandchildren (GRG) Trust advocates can help caregivers understand their review options.

When your application is declined, Work and Income must send you a formal Notice of Decision that states the statutory grounds for the refusal and outlines your right to challenge it.

Step 1: Understand Why You Were Declined

Read the Notice of Decision carefully. Common reasons include:

• Insufficient evidence of family breakdown — the case manager was not satisfied that both parents are unable to provide care or financial support. This often happens when a parent's whereabouts are unknown and Work and Income cannot complete their enquiry.
• Primary care not established — the evidence did not clearly show that you are the child's principal day-to-day caregiver.
• Shared care arrangements — if the child still spends significant time with a parent, the case manager may decide the family breakdown test is not met.
• Administrative error — documents were lost during the 20-working-day processing window, or a certified copy was not accepted.

If the reason relates to missing evidence, you can often resolve it by supplying the additional documentation and asking the case manager to reconsider before filing a formal review.

Step 2: Request an Internal Review

If the case manager cannot resolve the issue informally, your next step is a Review of Decision. You have three months after receiving notification of the decision to request this.

Call Work and Income first to discuss the decision. If it cannot be resolved informally, request a Review of Decision using the form or by letter. The internal review checks the original decision and the information available for it.

If the internal review upholds the original decision and you still disagree, the next stage is the Benefits Review Committee.

Step 3: The Benefits Review Committee

The Benefits Review Committee (BRC) is made up of two Work and Income staff who were not involved in the internal review and one community representative. It operates under Part 7, section 393 and Schedule 7 of the Social Security Act 2018.

If the internal review does not change the decision, Work and Income sends the case to the BRC; you do not need to make a separate request. A Work and Income representative presents the Ministry's case at the hearing, and you can attend, bring a support person or advocate, and respond.

The BRC can confirm, vary, or revoke the decision, or refer the matter back to Work and Income for reconsideration.

Step 4: Social Security Appeal Authority

If you disagree with the BRC's decision, you can appeal to the Social Security Appeal Authority within 60 working days after receiving the BRC's decision letter or report. This is a more formal legal process and you may want legal assistance at this stage.

Where to Get Free Help

You do not have to navigate the appeals process alone:

• Grandparents Raising Grandchildren (GRG) Trust — free helpline on 0800 472 637. GRG field advocates have deep experience with UCB and OB applications and can help you prepare additional evidence, attend appointments with you, and represent you at BRC hearings.
• Citizens Advice Bureau (CAB) — free confidential guidance and referrals. Available in person, by phone, or online.
• Community Law Centres — free legal advice for people who cannot afford a lawyer. They can help you understand the legal grounds of the decision and prepare for a formal review.

Protecting Your Position

The most important thing after a decline is acting quickly. The three-month review window is generous, but gathering new evidence — fresh professional letters, certified documents you did not have the first time, a supporting statement from a social worker — takes time.

The Unsupported Child's Benefit and Orphan's Benefit guide includes the full Review of Decision procedure, template language for your review request, and the evidence-gathering checklist that addresses the most common reasons for incorrect declines.

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