Section 393 — Social Security Act 2018: Benefits review committee

393 Benefits review committee (1) Every benefits review committee is established, and operates, in accordance with Schedule 7 . (2) MSD must refer an application made under section 391 to the appropriate benefits review committee. (3) In determining what benefits review committee is the appropriate benefits review committee, MSD must have regard to— (a) the location of the MSD office in which was made the decision of MSD that is the subject of the application; and (b) the location of the applicant’s usual or last known place of residence; and (c) how the applicant can conveniently, and at minimum expense, attend in person, or otherwise take part in, a review hearing. (4) The appropriate benefits review committee may be the benefits review committee of an MSD office other than the MSD office in which was made the decision of MSD that is the subject of the application. Example The decision of MSD that is the subject of the application was made in the MSD office at a location. Afterwards, the applicant moves away from that location. The benefits review committee of the MSD office of a location nearer to the applicant’s new usual place of residence is appropriate because it enables the applicant conveniently, and at minimum expense, to attend in person, or otherwise take part in, a review hearing. Compare: 1964 No 136 s 10A(2)