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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22316
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Can ACC take my pension off me after one year because i hurt

Customer Question

Can ACC take my pension off me after one year because i hurt myself it is a bit unfair after working hard for 60 years and paying TAXES for that time , Nobody will HELP ME, This is very upsetting and distressing for my wellbeing, VERY UNFAIR,Thanks Neil
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

Do you know about your rights of review of the decision? Are they saying you need to get a job and are fit for work although at your age this is not easy of course. Review maybe the remedy if you are still unable to work and I can tell you how to do that.

Customer: replied 1 year ago.
Hi Chris, You say review you say i can tell you how, Chris i asked you if there was a LAW to say ACC could take this off me but you have not answered this for me, im on a slippery slope right now because no one will help me,I paid for this service and have not got a answer,this has nothing to do with my age Chris it is to do with asking you where the LAW is about this but no one will step up to the plate and tell me, the experience is to upset me and cause me immense stress and anquish as to how ACC can do this to me with out any kickback,i should not have to choose between the two, if one is mine which i am entitled to after 60 years of paying TAXES,NO ONE IS HELPING ME AND IM ASKING FOR HELP, CAN YOU NOT SEE THIS I NEED HELP. Neil
Expert:  Chris The Lawyer replied 1 year ago.

Under the Accident Compensation Act the corporation can stop payments when you are fit for work. This is in the act. Section 112 says

Claimant with vocational independence loses entitlement to weekly compensation

If the Corporation determines under section 107 that a claimant has vocational independence, the claimant loses his or her entitlement to weekly compensation 3 months after the date on which he or she is notified of the determination.

Under the act you can ask for a review of this decision, which is to Dispute Resolution Services, who set a mediation and a hearing if needed, to review the ACC decision.

Expert:  Chris The Lawyer replied 1 year ago.

The act also says your earnings related compensation stops at age 65

Expert:  Chris The Lawyer replied 1 year ago.

So the ACC Act says they can stop your benefit. That is the law which you asked for. I told you that you can appeal this decision, and can help you with the process.

Customer: replied 1 year ago.
MY last letter to you Chris i asked if they could take my pension off me $250 a week after one year getting ACC benefit, as im still on ACC waiting for a SCAN, AND UN ABLE TO WORK i feel personally think it is unjust doing this to me,still have not got YES or NO ANSWER, THIS IS THE LAST LETTER TO YOU THANKS, ***** *****
Expert:  Chris The Lawyer replied 1 year ago.

The answer is, yes they can, but you do not need to accept their decision and can have it reviewed by an independent body, Dispute Resolution Services. It would help me if you explained what reason ACC gave for stopping the benefit.

Expert:  Chris The Lawyer replied 1 year ago.

May I ask how old you are? You mention you have been paying taxes for 60 years which implies you may be over 65. The ACC scheme stops at age 65.

Customer: replied 1 year ago.
The ACC scheme does not stop at 65, im 66 and hurt myself in nov 14 before i turned 65 and had a GOLD CARD sent out to me in JANUARY 15,THEY SAID I HAVE TO ACCEPT MY PENSION OR ACC WHICH IS A LITTLE MORE EACH WEEK EITHER OR, SO I GOT ACC, That is a lot of money taking my SUPERANUATION OFF ME WHICH IS SO UNFAIR BUT THEY SAY THATS IT TAKE IT OR LEAVE IT,THIS IS BS. Neil PS I HAVE BEEN PAYING TAXES SCINCE I STARTED DELIVERING PAPERS AT 8 YRS OLD IT WAS NOT MUCH BUT I DID, THERE ARE 2 CERTAIN THINGS IN LIFE TAXES AND DEATH,
Expert:  Chris The Lawyer replied 1 year ago.

The problem is section 52 of the Accident Compensation Act, which says if you are getting the benefit and turn 65 you can only continue with the benefit for 12 months. tHe act says-

Relationship between weekly compensation and New Zealand superannuation

(1)Subclause (2) applies to a claimant who—

(a) first becomes entitled to weekly compensation before reaching New Zealand superannuation qualification age; and

(b) has been entitled to it for 24 months or longer before reaching that age.

(2) Such a claimant loses his or her entitlement to weekly compensation on reaching that age.

(3) Subclauses (4) and (5) apply to a claimant who first becomes entitled to weekly compensation 12 months or more, but less than 24 months, before reaching New Zealand superannuation qualification age.

(4) Such a claimant is entitled to weekly compensation for 24 months from the date of entitlement to the compensation.

(5) However, the claimant’s entitlement to the compensation is dependent on his or her making an election to be entitled, after reaching New Zealand superannuation qualification age, to the compensation, rather than to New Zealand superannuation.

(6) Subclauses (7) and (8) apply to a claimant who first becomes entitled to weekly compensation—

(a) within 12 months before reaching New Zealand superannuation qualification age; or

(b) on or after reaching New Zealand superannuation qualification age.

(7) Such a claimant is entitled to the weekly compensation for a period of 12 months following the later of—

(a) the date of reaching New Zealand superannuation qualification age; or

(b) the date of entitlement to weekly compensation.

(8) The claimant is then entitled to the weekly compensation for the next 12 months, if he or she makes an election to be entitled, during those 12 months, to the compensation, rather than to New Zealand superannuation.

(9) Nothing in this clause entitles a claimant to weekly compensation if he or she is not otherwise entitled to it under this schedule.

Expert:  Chris The Lawyer replied 1 year ago.

This may not have been explained to you very well. Normally the benefit stops at age 65 unless it overlaps, as it has in your case. You still get the medical benefits and they will pay for the scan for example. It's just the benefits which are affected by going on to national superannuation.

Expert:  Chris The Lawyer replied 1 year ago.

Can I help further?

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