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Accident Compensation Act 2001

Management of the Scheme - Relationship with social security benefits

253: Relationship with social security benefits: reimbursement to Corporation

You could also call this:

"Rules for when ACC pays you money by mistake and you also qualify for a benefit"

When you receive money from the Accident Compensation Corporation (ACC) that you shouldn't have gotten, and you also qualify for a social security benefit for the same time period, here's what happens:

The money ACC gave you by mistake is treated as if it was your benefit payment. This applies up to the amount of benefit you should have received.

The government department that handles social security benefits will give the money back to ACC if they know about this situation or if ACC asks them to.

If ACC paid you more than your benefit amount would have been, you need to pay back the extra money to ACC. ACC can collect this money from you according to their rules.

This helps make sure you don't get paid twice for the same period and that ACC gets back the money they shouldn't have given you.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM103123.

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252: Relationship with social security benefits: reimbursement by Corporation, or

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

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254: Limitation period, or

"Time limit for paying back money to ACC"

Part 6Management of the Scheme
Relationship with social security benefits

253Relationship with social security benefits: reimbursement to Corporation

  1. This section applies if a person—

  2. receives a payment from the Corporation in respect of an entitlement that is subsequently determined to have been incorrectly paid under this Act (including a payment under section 131) or any former Act in respect of a period; and
    1. establishes a claim to a specified benefit as defined in section 198(3) of the Social Security Act 2018 in respect of all or part of the same period.

      1. The payment from the Corporation that has been incorrectly paid (up to the amount of benefit payable during that period) is regarded as having been paid in respect of that benefit.

      2. The department responsible for the administration of the Social Security Act 2018 must refund to the Corporation the amount so regarded as a payment of benefit—

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

          1. The rest of the payment is a debt due to the Corporation from the person to whom the payment was made, which may be recovered by the Corporation in accordance with this Act.

          Compare
          • 1998 No 114 s 374
          Notes
          • Section 253(1)(b): amended, on , by section 459 of the Social Security Act 2018 (2018 No 32).
          • Section 253(3): amended, on , by section 459 of the Social Security Act 2018 (2018 No 32).