A single mum fears she could end up homeless because of what she described as a “first in, first served” Government policy blocking her from receiving a sole parent benefit.
The Ministry of Social Development (MSD) disagreed, saying the assessment was not just about who applied for the support first and that it made findings based on who had more responsibility for the children.
Auckland woman Philippa Millanta is questioning why the benefit cannot be split between two parents, given she has 50% custody of her two sons.
Her work contract ended on December 30, and she applied for the benefit in late January.
At a meeting with MSD, she was informed she didn’t qualify for the sole parent benefit (SPB) because her ex-partner was already receiving it, and only one could do so.
“Even though I provided the court order stating we are 50/50, they said that basically there was nothing they can do to help me,” she said.
The pair split four years ago and, after a court custody battle, ended up equally splitting the care of their two boys, now aged 5 and 12.
She said her ex initially had custody of the boys until the court order allowed for 50% custody.
After she was denied the extra support as a sole parent, she contacted her local MP, Chris Penk, whose office sought advice from MSD. The response received from MSD at that time said that because her ex had been granted the support prior to Millanta’s application, they could not grant it to her.
Millanta said the denial was “crippling”.
“Between IRD and MSD I do get enough to at least cover rent and a little bit of food, but that’s it,” she said.
She receives the jobseeker’s allowance, accommodation supplements, temporary additional support and Working For Families allowance, but also has to pay child support to her ex-partner, despite the 50/50 custody.
The jobseeker’s benefit is about $372, compared to the sole parent benefit, which can reach about $521.
She wanted to see the law reflect children’s circumstances and “not support first in, first served” approaches.
“It feels like being a worker is a detriment, whereas I thought I was being an active member of society.”
She did not think it was “asking too much” to have the benefit policy support both parents.
“I’m not asking for the full entitlement, I’m just asking for my share.”
She questioned how long ago the law was written, and felt a change would not be “a hard fix”.
“I’m extremely stressed. At the moment I’m lucky that I’ve had support, but then that’s going to run out and then what do I do? Will I end up homeless?”
If she could not support the children she worried she would lose custody of them.
MSD said when they made an assessment for Sole Parent Support (SPS) in a shared care situation, they took into account who had primary care and responsibility for the children.
“It is not simply a first come, first served situation,” said group general manager of client service delivery Graham Allpress.
A custody agreement, even one for 50/50 shared care, was not the only factor in a decision.
“An assessment is then made by our frontline staff as to whether the evidence provided meets the criteria.
“Sections 195 and 196 of the Social Security Act outline what is taken into account when considering who has greater responsibility.”
This included evidence of who arranged daycare or schooling, medical appointments, previous applications with Work and Income for other support related to the children, evidence of adjusted work arrangements for the purposes of childcare, and any Oranga Tamariki documents.
They also considered who paid more for the children and who decided about their daily activities, among other things.
“If a client presents new information that shows there has been a change of circumstances in the caregiving arrangements, we can reconsider a decision to grant SPS to either parent.”
However, the Social Security Act 2018 stated only one parent could receive sole parent support (SPS) for a child.
“As Philippa’s ex-partner had previously been granted SPS ... Philippa was ineligible for SPS and her application was treated as a Job Seeker Support application.
“This is a complex family situation.”
Parents could apply for a review if they disagreed with the decision.
Millanta said she provided MSD the custody order, but they did not ask her for any evidence about how much care or responsibility she had over the children.
She was not sure yet whether she would seek a review, as her understanding was that the only outcome would be for the benefit to be given to just one party.
She felt that was unfair to her ex and she simply wanted the benefit to be fairly split.
Social Development Minister Louise Upston said in a statement the sole parent support was designed to help single parents get ready for work or find part time work.
“I am aware that shared custody arrangements can be complex and it can be difficult for people in those situations. I have no current plans to change the policy settings.”
Melissa Nightingale is a Wellington-based reporter who covers crime, justice and news in the capital. She joined the Herald in 2016 and has worked as a journalist for 12 years.