Wellington Scoop

Wellington man taking benefit eligibility to High Court

Media release from Curtis Nixon
Wellington man Curtis Nixon will be representing himself in the High Court at Wellington next month alleging multiple instances of Work and Income NZ denying him the ability to apply for or receive his proper benefit eligibility.

The main claim that he is making against the Ministry of Social Development is that they reneged on a letter sent to him by Crown Law on MSD’s behalf. The letter reinstated his Supported Living Payment which they made to him in settlement of a previous High Court Judicial Review case that he took against MSD in July last year. This assurance gave him SLP until October 2018: instead WINZ cancelled his SLP in February. Due to this deal, Justice Dunningham did not find in favour of Mr Nixon at the previous hearing. See CIV-2017-485-000046 [2017] NZHC 1807

“A letter from Crown Law is meant to mean something. Even John Downey who was charged with murdering four Royal Household Cavalrymen in a bomb in London’s Hyde Park in 1982 had his trial at the Old Bailey dismissed after it was revealed he had received a written assurance from Tony Blair’s government that he was not actively wanted by the authorities. All I am asking for is a benefit that I can live on while part time caring for my daughter” Mr Nixon said.

MSD cancelled Mr Nixon’s benefit after he started part time work as a teacher aide at his daughter’s school in January. He had applied for income exemption under s. 66A of the Social Security Act, which is designed to encourage people on the SLP to get back to work – MSD also has a sustainable employment provision which gives a six-month period over which a person can establish themselves in work. WINZ did not give Mr Nixon a chance under that provision either.

“I was working a 30-hour week on $19.25 per hour. IRD wanted Kiwisaver and Student Loan payments, Housing NZ put up my rent, and MSD made me start re-paying the $800 debt I owed them.

“I was just managing when the April school holidays came around. As a wage worker I didn’t get any pay from school over the holidays. WINZ messed me around over giving me any support to get me through the holidays, it took four appointments and angry scenes before I got some help. Then I got sick and couldn’t work for two months, I needed three lots of antibiotics, and I used up my Sick Leave balance.

“When I went back to work in term three, Novapay messed up my pay and by then my stress levels were out of control and my existing sleep problems crippled me.”

Mr Nixon was already battling MSD over their failure to recognise or support his half time shared care of his daughter. He now he has the added challenge of preparing and representing himself in Court. The case is being held before Justice Dobson in the Wellington High Court on 3 December.

1 comment:

  1. Curtis Nixon, 9. November 2018, 11:52

    If any readers wish to contact me about this, due to being in similar circumstances or otherwise, please email me at curtisantonynixon@gmail.com