We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
Digging Through Its "Dirty Laundry": An Interrogation of the Ministry of Social Development's Determinations of Benefit Recipients' Relationship Status.
- Authors
GAVEY, ROSA
- Abstract
The amount of social security assistance a person can receive in Aotearoa New Zealand depends on their relationship status. Single persons are entitled to substantially higher rates of financial assistance than those in a relationship. Determinations of benefit recipients' relationship status therefore have significant implications. In 1996, the Court of Appeal in Ruka v Department of Social Welfare held that a de facto relationship for the purpose of social security entitlement comprised two essential elements: financial interdependence and emotional commitment. On these terms, a relationship marred by extreme levels of physical, psychological and financial violence is not a relationship in the nature of marriage. The majority judgment was initially hailed as "radical" and a positive shift in how the Ministry of Social Development was required to determine benefit recipients' relationship status. This article argues, however, that the potentially transformative effects of Ruka were never realised and the judgment has had minimal impact on how the Ministry conducts investigations and determines benefit recipients' relationship status. This article further contends that the current approach leads to unjust and punitive outcomes for benefit recipients, particularly mothers and their children, and results in breaches of fundamental human rights.
- Subjects
SOCIAL security; RELATIONSHIP status; HUMAN rights; FINANCIAL aid; NEW Zealand. Dept. of Social Welfare
- Publication
Te Mata Koi: Auckland University Law Review, 2021, Vol 27, Issue 1, p123
- ISSN
0067-0510
- Publication type
Article