Father fights for equal benefit
A Wellington father who shares custody of his 12-year-old daughter has failed to convince authorities he deserves the same benefit entitlements as his former partner.
Curtis Nixon, of Berhampore, has been at the centre of a longrunning campaign to get a sole parent support benefit (SPSB), which used to be known as the domestic purposes benefit, or DPB.
Work and Income rules mean only one of the two separated parents can have their children taken into consideration for the SPSB.
Fearing he did not meet the requirements set out by the Ministry of Social Development, Nixon took his case to the Human Rights Review Tribunal.
Following a two-day hearing in November, the tribunal issued its decision to dismiss Nixon’s application last week.
He unsuccessfully argued that men were ‘‘indirectly discriminated against’’ by the Social Security Act because women were more likely to be the principal caregiver after a separation.
‘‘I had exhausted the other avenues that were possible. I had done the usual writing to the various ministers and I petitioned Parliament, and spoke to Parliament when they had a select committee hearing about it [in 2012].
‘‘None of that got me anything other than sympathy.
‘‘It seems pretty clear to just about anyone that looks at this situation that it’s blatantly unfair, but it’s a different thing getting anything done about it.’’
Because his daughter was six months old when the separation took place, his former partner was given the weekly benefit of $334.05 after tax – almost $80 more than Nixon was getting in other benefits, based on calculations he provided to the tribunal.
Nixon, who represented himself at the hearing, claimed he was at a biological disadvantage because his daughter was still being breastfed when the separation took place.
MSD acknowledged the tribunal’s decision, but said it was ‘‘too early to comment further on other details of the case’’, as it was released only last week.
‘‘As a government agency, we administer social welfare policy, and our job is to see our clients get their full and correct entitlements.
‘‘Like any other client, Mr Nixon can contact us and we will assess what benefits he is entitled to,’’ a spokesman said. A spokeswoman for Social Development Minister Carmel Sepuloni said she could not comment ‘‘on this individual case’’ as it was still open to appeal.
When caregiving responsibilities were split, Work and Income case managers could consider factors including who paid for the child’s furniture, who chose their daily activities, and who made decisions about their education and health.
Failing that, MSD’s chief executive could step in, otherwise the parent who had primary responsibility for the child’s care immediately before separation would receive the SPSB.
Nixon now has a job as a teacher aide at his daughter’s school, but said he relied on food parcels to make ends meet.
He said his case had exposed an ‘‘anomaly’’ which was not a factor in other government departments – that parents in shared custody arrangements during study could split the financial assistance.