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Accident Compensation Act 2001

Entitlements and related matters - General provisions

131: Advances of compensation and grants

You could also call this:

“The Corporation can sometimes give you money early for accidents”

You can’t usually get compensation, grants, or allowances paid in advance. However, there are a few exceptions to this rule.

If someone’s earnings details aren’t available, and it’s not their fault, the Corporation might pay weekly compensation or a survivor’s grant early. They might also do this if a person is missing and they think the person has probably died in a situation where they would be covered by this law.

If the Corporation pays weekly compensation or a grant early, and later finds out it shouldn’t have been paid, they can ask for the money back.

When weekly compensation is paid in advance, there’s a limit to how much can be paid. This limit is based on what the person would get if their weekly earnings were calculated in a specific way described in another part of the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM101814.

Topics:
Health and wellbeing > Healthcare services
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"ACC can pay you in New Zealand dollars to a New Zealand bank account even if you're overseas"

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132: Adjustment of payments for part periods, or

"ACC can change your weekly payment if you stop getting it during a week"

Part 4 Entitlements and related matters
General provisions

131Advances of compensation and grants

  1. Except as provided in this section, section 123(2)(b), and clause 67 of Schedule 1, the Corporation must not pay any compensation, grant, or allowance in advance.

  2. The Corporation may pay weekly compensation or a survivor's grant without the full details necessary to support the relevant claim if—

  3. details of earnings of any person are not available, and their unavailability is not due to the fault of that person; or
    1. a person is missing and the Corporation is satisfied—
      1. that the person is probably dead; and
        1. that the presumed death occurred in circumstances in which the person is likely to have cover under this Act.

        2. If weekly compensation or a grant is paid under this section in circumstances in which it is subsequently found that it was not properly payable, section 248 applies to any amount not properly paid.

        3. If weekly compensation is paid in advance under this section, the maximum amount that may be paid as weekly compensation is the amount that would be payable if the person on whose earnings the compensation is to be based had weekly earnings as determined under clause 42(3) of Schedule 1.