Section 318 — Social Security Act 2018: No consent unless benefit not granted earlier because of error

318 No consent unless benefit not granted earlier because of error (1) The Minister must not give consent under section 317 unless satisfied that,— (a) in the case of a particular applicant, the particular applicant— (i) could not reasonably have been expected to apply at the earlier time because of some erroneous action or inaction by MSD; or (ii) at or before the earlier time, tried to apply, or applied incompletely, and did not proceed because of an erroneous action or inaction by MSD; or (b) in the case of applicants of a stated kind or description,— (i) applicants of that kind or description could not reasonably have been expected to apply at earlier times because of an erroneous action or inaction by MSD in relation to applicants of that kind or description; or (ii) at earlier times, some applicants of that kind or description tried to apply, or applied incompletely, and did not proceed because of an erroneous action or inaction by MSD. (2) Examples of erroneous action or inaction, for the purposes of subsection (1), include— (a) giving wrong advice: (b) failing or refusing to provide information, help, or some document or form. (3) In this section, action or inaction by MSD , includes action or inaction by a contracted service provider contracted under section 373(1)(a) to provide services in relation to young people. Compare: 1964 No 136 ss 80AA(2), (4) , 125G(1)