New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Overpayment and recovery

Legal area

Court

30 Jun 2009

GOH V THE CHIEF EXECUTIVE OF THE MINISTRY OF SOCIAL DEVELOPMENT HC AK CIV-2008-485-2391

Citation

openlaw-50c5cd83_4671_4475_bc90_1d890241eda6.pdf
Court

High Court

The Authority and Chief Executive were correct: under s81 the Chief Executive may retrospectively review benefits and, consistent with the definition of income and s64(2B), ACC payments made in respect of a past period are to be treated as income for the period to which the entitlement relates (15 March 1998 to 11 September 2005), permitting recovery of overpayments and reimbursement by ACC under s252 IPRCA.
4 Oct 2000

Taylor v Accident Compensation Corporation

Citation

[2000] NZACC 257
Court

District Court

s.101 does not entitle appellant to interest because the insurer was not obliged or lawfully able to pay the higher weekly compensation until the Review Officer's decision and until it received the necessary WINZ reimbursement information; the Corporation paid the lump sum within one month of receiving that information so no late payment occurred under s.101; s.101 is a deterrent to delay not a general compensatory provision for arrears discovered on review.