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Accident Compensation Act 2001

Management of the Scheme - General administration

248: Recovery of debts by Corporation

You could also call this:

“ACC can get back money they shouldn't have given you or that you owe them”

The Corporation can claim money back from you in certain situations. This includes when they’ve paid you too much or when you weren’t supposed to get any money at all. They can also claim money if you haven’t paid your levies, premiums, penalties, or interest on time. If you pay your levy in instalments, they might charge you a fee, which they can claim back too. Even if someone else got money meant for the Corporation, they can claim it from that person.

If the Corporation needs to get this money back, they have two options. They can take you to court, or they can take the money out of any payments they’re supposed to give you. This applies even if the new payment is for a different injury.

There’s another rule (in section 251) that affects how this works, so the Corporation has to follow that rule too when they’re trying to get money back.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM103114.

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Health and wellbeing > Healthcare services Money and consumer rights > Taxes
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247: Change of balance date, or

"Changing when your money year ends and telling the Corporation about it"

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249: Penalties due to Corporation in respect of overpayments, or

"Penalties for getting too much money from ACC by mistake or on purpose"

Part 6 Management of the Scheme
General administration

248Recovery of debts by Corporation

  1. The following are a debt due to the Corporation:

  2. a sum (an overpayment) paid under this Act by the Corporation, being—
    1. a sum paid to a person that is in excess of the amount to which the person is entitled under this Act or that was payable under a former Act; or
      1. a sum paid to a person who has no entitlement to it under this Act:
      2. an amount of levy payable under this Act, or a premium or levy payable under a former Act, that remains unpaid after payment is due:
        1. any penalty or interest payable under this Act or any former Act:
          1. any fee charged under section 234(2) (which applies if a levy is paid by instalments):
            1. any amount payable to the Corporation and received by another person as an agent of the Corporation.

              1. The Corporation may—

              2. recover the debt by way of proceedings; or
                1. deduct all or part of the debt from any amount payable to that person by the Corporation (whether or not in respect of any or the same personal injury).

                  1. This section is subject to section 251.