LAWPUBL 470 : Special Topic: Social Welfare Law, Policy and Action
Law
2021 Semester One (1213) (15 POINTS)
Course Prescription
Course Overview
As per the course title, there will be three main components to the course. In terms of timing, the first two components will be taught and assessed in the first semester. The third will take place whenever the relevant work becomes available, during the period from May to November.
(1) Law:
In the first semester, you will study the Social Security Act and Regulations, the case law on this and the large volume of Ministerial Directions and internal guidelines. You will also have a brief introduction and overview of the other main social security regimes, social housing and ACC.
This will be assessed by a test before you commence any clinical work. The test will likely be worth 35% of your final grade (tbc). At some stage before the test, there will be an in-class quizz, probably preceded by some small group discussion, which will be your early feedback exercise (you will be able to self-assess against the answers discussed in class; and this will not count towards the final grade).
(2) Policy:
In the first semester, you will study and discuss literature on the policy debates concerning social security. This will range from explanations of the policy objectives of the mainstream approaches to this area to radical critiques.
Your engagement with these debates will be assessed by an essay, which will also invite your own reflections on your experience in this course. The essay will likely be worth 30% of your final grade (tbc).
(3) Action:
The third component of the course is the clinical work. As far as possible, this will take the form of writing submissions and acting as advocates for social security claimants who are seeking to challenge Ministry of Social Development decisions, either by way of an application for review to a Benefits Review Committee or by way of an appeal to the Social Security Appeals authority. This clinical work will be supervised by one of the Auckland Community Law Centres and/or myself. Depending on the number of students enrolled, and on the number of clients referred to us, it is likely that most of this work will be done in pairs or perhaps groups of three.
It is important to note that sufficient work of this nature cannot be guaranteed for all students in the class; and also that cases that have been assigned to students may settle, resulting in an incomplete experience in that sense. Any student who cannot be given the opportunity to write submissions for a review or appeal will instead be assigned alternative written work that will be as closely related to practical matters as possible. For instance, it may involve assessing MSD guidelines for their compliance with the Act, or advice on a hypothetical situation that is closely based on an actual common problem (which can then assist other advocates in future reviews or appeals).
Your work will help address an unmet need for representation and advocacy in the social security area. It will also be an opportunity for you to see the law in action and gain valuable practical experience, as well as to gain some insight into the challenges encountered by people in need of social security.
Your preparation for this clinical work will include not only your study of the relevant law, but also some guidance on practical aspects of the work such as legal ethics, client communications (especially with clients whose life experience may be very different from yours), interviewing and advocacy. I also hope to arrange for most students to have the opportunity to observe some client meetings either at MSD or at social service providers earlier in the course, before the clinical component.
Only your written work for the clinical component will be assessed, and this will likely be worth 35% of your final grade (tbc).
Course Requirements
Capabilities Developed in this Course
| Capability 1: | Disciplinary Knowledge and Practice |
| Capability 2: | Critical Thinking |
| Capability 3: | Solution Seeking |
| Capability 4: | Communication and Engagement |
| Capability 5: | Independence and Integrity |
| Capability 6: | Social and Environmental Responsibilities |
Learning Outcomes
- Identify and select the law and guidelines applicable to a particular decision on a social security benefit. (Capability 1.2 and 2.1)
- Apply the relevant law and guidelines to solve a problem with a decision on a social security benefit: determine the correct or best outcome, and articulate the reasons for this conclusion (Capability 1.3, 2.1, 2.3, 3.1, 3.2 and 4.1)
- Comply with legal ethics in your dealings with clients, the Ministry and the review or appeal authority. (Capability 5.1 and 5.2)
- Empathise with clients whose situation and life experience may be far removed from your own; be sensitive to their cultural background: and in particular be ready to keep learning about te ao Māori and to support Māori clients in seeking assistance appropriate to this. (Capability 4.3, 5.2, 6.1 and 6.2)
- Establish a relationship of trust with clients. (Capability 4.3)
- Interview clients to understand their situation, aspirations, and problem with the decision they wish to challenge. (Capability 4.1 and 4.3)
- Assess the prospects of a challenge. (Capability 1.3, 2.1, 3.1, 3.2 and 5.2)
- Advocate persuasively, in writing and orally, for the legal solution you have identified. (Capability 1.3, 2.1, 3.1, 4.1, 4.2 and 5.2)
- Evaluate our law on social security and the policy settings that underpin it, by reference to relevant literature and your own experience. (Capability 1.3, 2.2, 2.3, 3.3, 6.1, 6.2 and 6.3)
- Criticise aspects of our law on social security and the policy settings that underpin it, by reference to relevant literature and your own experience. (Capability 1.3, 2.2, 2.3, 6.1, 6.2 and 6.3)
Assessments
| Assessment Type | Percentage | Classification |
|---|---|---|
| Test | 35% | Individual Test |
| Essay | 30% | Individual Coursework |
| Practical | 35% | Group & Individual Coursework |
| 3 types | 100% |
| Assessment Type | Learning Outcome Addressed | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | |
| Test | ||||||||||
| Essay | ||||||||||
| Practical | ||||||||||
Workload Expectations
Delivery Mode
Campus Experience
Attendance is expected at scheduled lectures and other teaching activities. Attendance is required at community law centres for the individual case work that forms part of assessment; and at Community Law Centres and/or other community partners and/or Ministry of Social Development Offices for activities in preparation for that case work, such as sitting in to observe.
Lectures will be available as recordings. Other learning activities including off-site training and activities will not be available as recordings.
The course will not include live online events.
Attendance on campus is required for the test.
The lectures for the course are scheduled as a standard weekly timetable. However, other activities will occur at irregular times to be arranged on an individual basis.
Learning Resources
Student Feedback
At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.
Your feedback helps teachers to improve the course and its delivery for future students.
Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.
Digital Resources
Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).
Please remember that the recording of any class on a personal device requires the permission of the instructor.
Academic Integrity
The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed against online source material using computerised detection mechanisms.
Inclusive Learning
All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.
Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website http://disability.auckland.ac.nz
Special Circumstances
If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.
If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.
This should be done as soon as possible and no later than seven days after the affected test or exam date.
Learning Continuity
In the event of an unexpected disruption we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and your assessment is fair, and not compromised. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator, and if disruption occurs you should refer to the University Website for information about how to proceed.
Student Charter and Responsibilities
The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html.
Disclaimer
Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.
In this course you may be asked to submit your coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. The final decision on the completion mode for a test or examination, and remote invigilation arrangements where applicable, will be advised to students at least 10 days prior to the scheduled date of the assessment, or in the case of an examination when the examination timetable is published.