Accident Compensation Act 2001

Accident Compensation Corporation - Disclosure of information

281: Disclosure of information by Corporation for benefit and benefit debt recovery purposes

You could also call this:

“ACC can share information about people getting weekly payments to help with benefit checks and repayments”

This section of the law explains how the Accident Compensation Corporation (ACC) can share information about people receiving weekly compensation with the government department in charge of social security. Here’s what you need to know:

The ACC can share information to help check if people are eligible for benefits, how much they should get, and to help recover any money owed to the government for benefits.

The social security department can ask ACC for information about people getting weekly compensation. This includes details like names and addresses, and how much compensation they’re getting.

When ACC gets a request, they can give this information to someone from the social security department who is allowed to receive it.

ACC and the social security department can agree on how to share this information.

From 1 December 2020, ACC can only share this information if there’s a special agreement in place that follows privacy rules.

The law also explains what counts as a ‘benefit’. This includes things like regular social security payments, funeral grants, special assistance, and some education allowances.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM103402.


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Part 7 Accident Compensation Corporation
Disclosure of information

281Disclosure of information by Corporation for benefit and benefit debt recovery purposes

  1. In this section, unless the context otherwise requires, benefit means any of the following:

  2. a benefit as defined in Schedule 2 of the Social Security Act 2018:
    1. a funeral grant lump sum payable under section 90 of that Act:
      1. any special assistance payable under a programme approved under section 100 or 101 of that Act:
        1. an allowance established by regulations made under section 645 of the Education and Training Act 2020.
          1. The purpose of this section is to facilitate the disclosure of information by the Corporation to the department for the time being responsible for the administration of the Social Security Act 2018 for all or any of the following purposes:

          2. to verify the entitlement or eligibility of any person to or for any benefit:
            1. to verify the amount of any benefit to which a person is or was entitled or for which a person is or was eligible:
              1. to enable the recovery of any debt due to the Crown in respect of any benefit.
                1. For the purpose of this section, the chief executive of the department for the time being responsible for the administration of the Social Security Act 2018 may from time to time, in accordance with arrangements made from time to time between that chief executive and the Corporation, request the Corporation to supply, in respect of persons who are receiving compensation based on weekly earnings,—

                2. such biographical information as is sufficient to identify those persons, including their addresses; and
                  1. such details of the entitlement of those persons to receive compensation based on weekly earnings as are necessary for the purposes of this section.
                    1. On receipt of a request made under subsection (3), the Corporation may supply the information requested to any officer or employee or agent of the chief executive of the department for the time being responsible for the administration of the Social Security Act 2018 who is authorised in that behalf by that chief executive.

                    2. Information supplied under a request made under subsection (3) may be supplied in such form as is determined by agreement between the Corporation and the chief executive of the department for the time being responsible for the administration of the Social Security Act 2018.

                    3. On or after 1 December 2020, no information may be disclosed under this section except under—

                    4. an information matching agreement entered into under Part 10 of the Privacy Act 1993 and continued by clause 11 of Schedule 1 of the Privacy Act 2020; or
                      1. an approved information sharing agreement entered into under subpart 1 of Part 7 of the Privacy Act 2020.
                        Notes
                        • Section 281 heading: amended, on , by section 5(1) of the Injury Prevention, Rehabilitation, and Compensation (Social Assistance) Amendment Act 2008 (2008 No 26).
                        • Section 281(1): replaced, on , by section 459 of the Social Security Act 2018 (2018 No 32).
                        • Section 281(1)(d): amended, on , by section 668 of the Education and Training Act 2020 (2020 No 38).
                        • Section 281(2): substituted, on , by section 5(2) of the Injury Prevention, Rehabilitation, and Compensation (Social Assistance) Amendment Act 2008 (2008 No 26).
                        • Section 281(2): amended, on , by section 459 of the Social Security Act 2018 (2018 No 32).
                        • Section 281(3): amended, on , by section 459 of the Social Security Act 2018 (2018 No 32).
                        • Section 281(4): amended, on , by section 459 of the Social Security Act 2018 (2018 No 32).
                        • Section 281(5): amended, on , by section 459 of the Social Security Act 2018 (2018 No 32).
                        • Section 281(6): inserted, on , by section 190 of the Privacy Act 2020 (2020 No 31).