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Accident Compensation Act 2001

Management of the Scheme - Relationship with social security benefits

252: Relationship with social security benefits: reimbursement by Corporation

You could also call this:

“ACC pays back extra money if you get both social security benefits and ACC payments”

This law talks about what happens when you get both a social security benefit and money from the Accident Compensation Corporation (ACC) for the same time period.

If you receive a specified benefit (as defined in the Social Security Act) and then find out you’re also entitled to ACC payments for some or all of that same time, there might be an “excess benefit payment”.

An excess benefit payment is when you’ve been paid more in benefits than you should have, considering what you’re entitled to from ACC.

If there’s an excess benefit payment, ACC must pay it back to the department that handles social security. ACC will do this if they know about it or if the department asks them to.

This rule also applies to any part of a benefit that’s paid to your spouse or partner if you’re receiving a couple’s rate of benefit.

Any money that’s treated as having been paid for things like treatment, services, rehabilitation, transport, compensation, grants, or allowances under this rule is considered to have actually been paid for those purposes.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM103121.

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Part 6 Management of the Scheme
Relationship with social security benefits

252Relationship with social security benefits: reimbursement by Corporation

  1. This section applies if a person—

  2. receives a payment of a specified benefit as defined in section 198(3) of the Social Security Act 2018 in respect of a period; and
    1. establishes a claim to an entitlement from the Corporation in respect of all or part of the same period.

      1. An excess benefit payment is regarded as having been paid in respect of that entitlement.

      2. An excess benefit payment is the part of the benefit payment (up to the amount of the entitlement) that is in excess of the amount of benefit properly payable, having regard to the entitlement under this Act.

      3. The Corporation must refund the excess benefit payment to the department responsible for the administration of the Social Security Act 2018—

      4. if the Corporation knows that this section applies; or
        1. if requested to do so by that department.

          1. For the purposes of this section, an excess benefit payment includes a payment of any part of a couple rate of benefit that is paid to the spouse or partner of the person who established the claim to the benefit.

          2. Any amount that is treated under this section as having been paid in respect of any treatment, service, rehabilitation, related transport, compensation, grant, or allowance is deemed for all purposes to have been so paid.

          Notes
          • Section 252(1)(a): amended, on , by section 459 of the Social Security Act 2018 (2018 No 32).
          • Section 252(4): amended, on , by section 459 of the Social Security Act 2018 (2018 No 32).
          • Section 252(5): amended, on , by section 65(1) of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).
          • Section 252(5): amended, on , by section 8(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12).