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Social Security Act 2018

Administration - Commencement, stand downs, ending, and expiry and regrant - Commencement of benefits

312: If applicant paid, but claim fails for, ACC weekly compensation

You could also call this:

“What happens if you get ACC money but your claim is later denied”

If you make a claim for weekly compensation from ACC because you can’t work due to an injury, and ACC pays you, but later it turns out your claim wasn’t valid, this law applies to you. It also applies if you would have been able to get a benefit if your ACC claim had been accepted.

In this situation, MSD (the Ministry of Social Development) can treat your application for a benefit as if you had made it on an earlier date. They can choose either the date when you first couldn’t work because of your injury, or the date when you would have first been able to get the benefit.

This law is part of the Social Security Act 2018 and it helps make sure you don’t miss out on benefits you might have been entitled to while you were waiting for your ACC claim to be sorted out.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783784.

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“Rules about when your benefit starts after you apply”

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Part 6 Administration
Commencement, stand downs, ending, and expiry and regrant: Commencement of benefits

312If applicant paid, but claim fails for, ACC weekly compensation

  1. This section applies to a person if—

  2. a claim is made by or on behalf of the person for weekly compensation under the Accident Compensation Act 2001 in respect of incapacity of the person; and
    1. weekly compensation under that Act is paid in respect of the claim by or on behalf of—
      1. the Accident Compensation Corporation; or
        1. an accredited employer (within the meaning of section 181 of that Act); and
        2. the person later fails to establish that claim, but would otherwise have been entitled, if that claim had been accepted, to a benefit during all or a part of the period in respect of which the compensation would have been paid.

          1. MSD may treat an application for a benefit made by or on behalf of the person as having been made on the later of the following dates:

          2. the date of first occurrence of the incapacity of the person in respect of which the claim was made under the Accident Compensation Act 2001; and
            1. the date that the person would have become entitled to that benefit.

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