I am looking into an historic claim Te student allowance I didn’t receive in 1995/1996 and 1998/99 due to my mother’s

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Customer: Hi I am looking into an historic claim Te student allowance I didn’t receive in 1995/1996 and 1998/99 due to my mother’s partners income been included .. my situation is unique I believe .. my father died in July 1992 .. mid 1994 my mother starting dating a man and he moved in a couple of months before my study commented in feb/ March 1995.. the relationship was new .. he paid child support for 2 children who lived with their mother in Auckland .. my mother had a freehold home due to life insurance paying off the mortgage .. I also had a brother at home who was 16 .. anyway we applied for one income to be tested and we were declined .. we tried all avenues available at the time and simply gave up .. however it’s been a sore point for 25 years .. my mother paid all the rates and insurance on the home .. it was her home .. my mother’s new boyfriend contacted out of the property relationships act right from the start .. he has never given me a cent . He had his own 2 children to support .. he was given no discount on child support by ird in regards ***** ***** whom by the very unfairness of the law was declined a student allowance .. due to his income .. my brother and I were grieving our father and we basically had a stranger move into the family home .. I went to university my brother ended up in boarding school in 1995 .. my mother never needed nor wanted help from her boyfriend .. when I came to stay in holidays she wound pay extra for my power clans foid costs .. Sone 10 plus years later they did marry and are still married today’.. John .. her now husband has never given me a cent .. nor has he given my brother any assstace .. my mother never would have let him live with her that soon if she thought it would affect my ability to get student allowance .. I still carry a student loan that was initially 40k now down to 27 .. I want to apply to have the living cost debt written off and all interest charged on it reimbursed as it’s a debt I should never of had in the first place .. can you advise of a lawyer I can contact to assist me
JA: What steps have you taken? Have you filed any papers in family court?
Customer: I am looking into it .. I’ve been reading the case studies online from the student allowance appeal authority .. they were dismissed and I believe my case is as strong as it gets ..
JA: Family law varies by state. What state are you in?
Customer: I am in New Zealand sorry I thought you were too
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I am in hardship . Like many .. 2 children 13 and 9.. single mum 44 years of age
Answered by Chris The Lawyer in 1 hour 2 years ago
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Chris The Lawyer
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Chris The Lawyer
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

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Chris The Lawyer, Expert

Eligibility for a student loan is decided at the time you apply and sign the contract. But there is nothing in the legislation that enables you to claim backwards that you should have had a student allowance back in the day. That just is not possible. There are no grounds to reduce the student loan debt

Customer
Well what if the legislation and unjust .. I see all these students go overseas never pay off a cent .. I’ve paid off a good hunk of mine
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Chris The Lawyer, Expert

Some of those overseas have been arrested at the border for failing to make payments

Customer
I cannot afford to call you .. but i believe my case is unique.. I want someone to represent me , so does my mother .. I’ve spoke to study link they said to file a review of decision. .. first off but this is so big I want a lawyer to assist .. my mum has no issue and wants to find this ..
Customer
Sorry typo, my mother is happy to fund a lawyer take our appeal forward ..
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Chris The Lawyer, Expert

You are out of time to appeal the decision about student allowance eligibility.
Customer
This has upset us for years and years .. the student allowance appeal authority didn’t exist in 1994, and all I can recall is we appealed the decision back then but in hindsight we could have got a lawyer then but we were all still in a stage of huge grief .. my mother gave up and I was too young to fully understand how much it would affect my life
Customer
our of time .. I realise that .. I would still like to put the case forward .. even for it to simply be heard , noted and maybe it is never repeated
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Chris The Lawyer, Expert

If you appealed back then, you cannot appeal again. It isn’t allowed in the legislation.
Customer
In case law I read one student was estranged from a violent father and mother had a new partner .. they kept their finances separate .. but they did but a new hi my e together as tenants in common.. the Appeal was dismissed as she could not prove estrangement or lack of relationship with her step parent .. I didn’t even know mine .. I’m 1994 .. intact I never really got to know him until I had children if my own .. my father was my rock .. I had limited and strained conversation with hi throughout my years at university.. then after that it got even worse as I was living overseas .. in the south island
Customer
My mother now lives in tauranga with her .. now husband .. she sold the family home in masterton and re bought up here .. again every thing is in her name as she owns it all and they continually update their property relationships act as required
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Chris The Lawyer, Expert

I do understand that this is difficult but the law on student loan repayments is rigid and can be harsh.
Customer
They each look after and engage with their own adult children .. one lives in Auckland one in Canada and myself and my brother in tauranga ..
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Chris The Lawyer, Expert

The only way to wipe the student loan debt is the very drastic step of declaring bankruptcy, which may not be an attractive option

Customer
My mother has next to no relationship with her husbands biological children .. however I am now fond of my mother’s husband and by the passage of time the outside works will call him a step father but in my eyes I had a father .. he died .. I don’t have a step father and my mother’s husband and myself are more than understanding and happy with that arrangement
Customer
I am not interested in wiping all my student loan debt .. just the living allowance .. I’ve paid back approx 12 to 14k give or take some interest write off and that has taken me 21 years .. crazy .. I’m currently on the domestic purpose benefit
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Chris The Lawyer, Expert

I am probably sounding negative, but there just isnt any way under the student loan legislation to take a retrospective review of the situation when you obtained the allowance

Customer
Since we have started talking , if my mother agrees would you be prepared to take this on at whatever your going rate is .. my mother has money now as she sold the family farm in 2005 .. for a sizeable sum and she lives of the interest of my fathers of the estate .. back in 1994 yes she was mortgage free after a 250k life insurance was paid out in 1992 but her only income was leasing the hand which was approx 33k per annum at the time .. putting me well under the student allowance threshold .. her boyfriend was a high school teacher on 60 k so that was included in the equation even though he never gave me a cent and why should he .. it’s a new relationship .. I’m 19 And he still supports 2 minors of his own .. my mother is stead fast in protecting her investment with her late husband .. nothing is combined .. and it’s remain that way since .. my father has now been dead 28 years as of 10/7/92 and ironically and not relevant he was buried on his birthday 3 days later which happens to be today .. and I’m sitting here trying to fix something that should never have happened .. I won’t test until I get a statutory letter telling me they don’t want to hear my case
Customer
No you are not sounding negative .. it’s the facts but maybe just maybe I can do something .. study link said to put through a review of decision
Customer
Thank you for your time .. at a minimum I would like to talk to a lawyer in tauranga can you recommend a colleague or someone of high regard
Customer
I think the fact that I have waited until I’ve paid off a good part of my debt through been a hard working citizen of New Zealand through the tax system is significant .. and not to mention the situation in 1994 remains unchanged today
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Chris The Lawyer, Expert

Try this firm who are well established and have senior lawyershttps://www.cooneyleesmorgan.co.nz/litigation-and-dispute-resolution
Customer
Thank you
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Chris The Lawyer, Expert

There is a saying that death and taxes are the only certainties, and student loans may be another
Customer
Very helpful recommend
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