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Overview

Course Prescription

This course is devoted to social security. Students will study the legal regime and engage with policy debates and critical theories about social security. Students will then use this foundation to engage in clinical work, writing submissions and acting as advocates for social security claimants who are seeking to challenge decisions.

Course Overview

Social welfare law has been ignored at law school for too long. It is the law governing social security benefits and grants for people who are unemployed, or are unable to work due to illness or caring responsibilities. The legislation is the Social Security Act 2018 and the Social Security Regulations 2018. Hundreds of thousands of people in Aotearoa NZ rely on social security to make ends meet, and yet there are almost no lawyers available to assist them when things go wrong. You can help change that!


The format and content of this course is unusual. It is a full year course, comprising components A and B. In addition to classes and academic assessments, students in this course complete real life case work for social security claimants (as far as possible). Note the following further points:

  • Students must enrol in both A and B components to successfully enrol in the course. You cannot do one component without the other.
  • The Semester One component (A) is 10 points and the Semester Two component (B) is 5 points.
  • There are classes only in the first semester.
  • The second semester provides the time needed for case work. There is no schedule for this. As far as possible, each student will be paired with another student to take on one case. Cases will be assigned as they become available from May or June. Once a case is assigned, the students will work on it as and when required until it is completed, or until the end of the second semester.
  • Case work cannot be guaranteed; if no case is available, alternative work will be assigned that is as practically relevant as possible. 

Class participation in the first semester is important in order to prepare you for the case work. Participation will therefore be assessed.


Numbers for this course are capped. When you enrol, you will be placed on a waitlist, and you will be asked to submit a statement of up to 150 words and an unofficial academic transcript. In the statement you will be asked to address the following two questions:

  • Please explain why you want to take this course.
  • Outline any experience you have (in your life, studies and/or work) that is relevant to social welfare.

The deadline for enrolment is 10 December 2024. Selection will take place after that, and you will hear whether your enrolment has been confirmed before Christmas.


Turning to the content and assessment, there are three main components to the course:


(1) Law:

In the first half of 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. 

This will be assessed by a test (written or possibly oral - tbc) before you commence any case work. The test will be worth 30% of your final grade.

(2) Policy:

In the second half of 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 radical critiques.

Your engagement with these debates will be assessed by an essay (or possibly an optional class presentation - tbc). This will be worth 25% of your final grade.


First semester assessment also includes participation, worth 5% of your final grade. For each class in which you make a contribution to class discussion, you will receive one mark, up to the total available 5 marks.


(3) Action:

The third component of the course is the case work. As far as possible, this will take the form of writing submissions and, if needed, appearing as advocates for social security claimants who are seeking to challenge Ministry of Social Development (MSD) decisions. This will be either for an application for review to a Benefits Review Committee or for an appeal to the Social Security Appeals Authority. This case work will be supervised by lay advocates, possibly Community Law Centres, and/or myself. Students usually work in pairs for this.

It is important to note that sufficient work of this nature cannot be guaranteed for all students in the class. 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, exploring law reform on some issue, 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 invaluable practical experience, as well as to gain some insight into the challenges encountered by people in need of social security.

Your preparation for this case work will include not only your study of the relevant law, but also some classes on practical aspects of the work such as client interviewing. I also hope to arrange for most students to have the opportunity to observe some client meetings either at MSD or with lay advocates earlier in the course, before the clinical component.

Only your written work for the case work component will be assessed, and this will be worth 30% of your final grade.


Once you have completed the case work component, you will also write up your reflections on your experience in this course. You will be expected to write at least 750 words, and may write up to 1,500 words, and this will be worth 10% of your final grade.

Workload Expectations

This is a 15-point course.  That means the guideline for the total workload for this course is 150 hours. However, in this course this workload is not allocated in the standard way, due to the need to accommodate the case work component.  The most important point to note is that this course runs across two semesters, and the 150 hours of work are therefore spread across those two.  The split will not be even, however: a significantly larger part of the work will take place in the first semester. That is why 10 points are allocated to the first semester, and 5 points to the second semester.  As stated earlier, all lectures will be in the first semester.  It is only the case work that will take place in the second semester.

Course Prerequisites, Corequisites and Restrictions

Prerequisite
Restriction

Additional Advice on Prerequisites

To complete this course students must enrol in LAWPUBL 409 A and B

Advice on Course Limits

This is a limited entry course: there is a limit on the number of enrolments due to staff or space capacity. In cases where the courses is taught under two separate codes (e.g. concurrently taught courses, general education courses) the course limit specified is the total across both versions of the course. For more information, please see the Programme and Course Limitations section of the University Academic and General Statutes and Regulations.

Locations and Semesters Offered

LocationSemester
City

Teaching and Learning

Campus Experience

Attendance is required at scheduled lectures and other teaching activities in the first semester.  Attendance in person will also often be required as part of your case work for meetings with advocates and clients; alternatively some meetings may also take place by zoom, but you need to attend and participate.   Attendance will also be necessary at observation visits in the first half of the year.

 Classes will be available as recordings; however, the recordings may not be very helpful when much of class time is taken up with discussion. Other learning activities including off-site training and activities will not be available as recordings.  The course will not normally include live online events.

Attendance on campus is required for the test.

The lectures in the first semester are scheduled as a standard weekly timetable.  However,  other activities will occur at irregular times to be arranged on an individual basis.

Learning Resources

Taught courses use a learning and collaboration tool called Canvas to provide students with learning materials including 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.

Additional Information on Learning Resources

Readings will be available through the Canvas Reading List.  This will include required readings and further useful sources. The book by Māmari Stephens on Social Security and Welfare Law in Aotearoa New Zealand is a recommended resource, available in the library.

Copyright

The content and delivery of content in this course are protected by copyright. Material belonging to others may have been used in this course and copied by and solely for the educational purposes of the University under license.


You may copy the course content for the purposes of private study or research, but you may not upload onto any third-party site, make a further copy or sell, alter or further reproduce or distribute any part of the course content to another person.

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 course assessment continues to meet the principles of the University’s assessment policy. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator/director, and if disruption occurs you should refer to the university website for information about how to proceed.

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 for potential plagiarism or other forms of academic misconduct, using computerised detection mechanisms.

Similarly, research students must meet the University’s expectations of good research practice. This requires:

  • Honesty - in all aspects of research work
  • Accountability - in the conduct of research
  • Professional courtesy and fairness – in working with others
  • Good stewardship – on behalf of others
  • Transparency – of research process and presentation of results
  • Clarity - communication to be understandable, explainable and accessible

For more information on the University’s expectations of academic integrity, please see the Academic Conduct section of the University policy hub.

Disclaimer

Elements of this outline may be subject to change. The latest information about taught courses is made available to enrolled students in Canvas.

Students may be asked to submit assessments digitally. The University reserves the right to conduct scheduled tests and examinations online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. In exceptional circumstances changes to elements of this course may be necessary at short notice. Students enrolled in this course will be informed of any such changes and the reasons for them, as soon as possible, through Canvas.


Assessment and Learning Outcomes

Additional Information on Assessment

You will be required to pass the first semester test before being allowed to proceed to case work.

Course Learning Outcomes

CLO #OutcomeProgramme Capability Link
1
2
3
4
5
6
7
8
9
10

Assessments

Assessment TypeAssessment PercentageAssessment Classification

Assessment to CLO Mapping

Assessment Type12345678910

Student Feedback, Support and Charter

Student Feedback

Feedback on taught courses is gathered from students at the end of each semester 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. In addition, class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

Additional Information on Student Feedback

Student feedback last time was hugely positive about the case work experience.  We will run this in similar fashion this time.
In relation to the practical skills classes in this course, students last time loved the client interviewing workshop, so that will be included again.
In relation to the classes on the law, students liked the problem-based learning approach.  Some students suggested that a little more scaffolding would help facilitate participation in these discussions.  I will give thought to how that can be done.

Class representatives

Class representatives are students tasked with representing student issues to departments, faculties, and the wider university. If you have a complaint about this course, please contact your class rep who will know how to raise it in the right channels. See your departmental noticeboard for contact details for your class reps.

Tuākana

Tuākana is a multi-faceted programme for Māori and Pacific students providing topic specific tutorials, one-on-one sessions, test and exam preparation and more. Explore your options at Tuakana Learning Communities.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course coordinator, 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.

Wellbeing

We all go through tough times during the semester, or see our friends struggling. There is lots of help out there - please see the Support Services page for information on support services in the University and the wider community.

Special Circumstances

If your ability to complete assessed work is affected by illness or other personal circumstances outside of your control, contact a member of teaching staff 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. This should be done as soon as possible and no later than seven days after the affected test or exam date.

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.

Student Academic Complaints and Disputes

Students with concerns about teaching including how a course is delivered, the resources provided, or supervision arrangements, have the right to express their concerns and seek resolution. The university encourages informal resolution where possible, as this is quicker and less stressful. For information on the informal and formal complaints processes, please refer to the Student Academic Complaints Statute in the Student Policies and Guidelines section of the Policy Hub.