Frustration on benefits appeal

A poverty action group and the Greens are pleading for the Government to drop an appeal against court action that alleges the Working for Families package discriminates against thousands of poor children.

In a landmark case, the Child Poverty Action Group has won the right to take legal action over Government policies it says discriminate against the 250,000 New Zealand children who have at least one parent on a benefit.

The Human Rights Review Tribunal ruled the group can legally challenge the exclusion of beneficiaries from a new payment which gives families an extra $60 a week from April.

The Government intends the payment to go to families that are not on benefits - thus dubbed the "in-work payment" - and it is meant to give parents an incentive to get off welfare.

The court case is the first to be taken under amendments to the Human Rights Act allowing challenges to Government legislation and policy.

Child Poverty Action claims the payment breaches a clause in the act that prohibits discrimination on the grounds of being a beneficiary.

The $60-a-week payment would give a 25 per cent boost to the weekly income of the average solo parent on the domestic purposes benefit, who at present gets $241 a week after tax.

But the Crown has appealed against the tribunal ruling and the case will be heard in the High Court at Wellington next year.

A spokesman for Social Development Minister David Benson-Pope refused yesterday to say why the Crown was appealing, saying the case was "sub judice".

Greens social development spokeswoman Sue Bradford said the tribunal's decision should be allowed to go to the High Court.

"It seems that this Labour-led Government is determined to push people off benefits and into work at almost any cost. There seems little regard for the children who are being penalised by this process.

"It is clearly unfair that children whose parents are on benefits are not eligible for this financial assistance when their classmates - whose parents may be earning the same - are."

Child Poverty Action Group spokeswoman Susan St John, an Auckland University economist, said the appeal was filed in mid-October and it seemed to be a "delaying tactic".

She said the tribunal decision was a milestone in the long and costly struggle to engage with the Government about discrimination against New Zealand's poorest children.

The issue was that many would not get vital support simply because their parents either could not work the number of hours required for eligibility, or because they were on a benefit.

Dr St John said once the in-work payment was introduced next April it would be difficult to get the Government to take another look at it.

She said that Labour in opposition in the 90s had said it would remove the discrimination inherent in the then National Government's child tax credit and ensure all children got it.

The Maori Party congratulated the group for bringing the case.

"Poverty is a huge blight on this nation," said co-leader Tariana Turia. "The Maori Party has consistently challenged the Government to recognise that poverty has become entrenched, especially amongst Maori, Pasifika, sole parent and benefit-dependent families."