Accident Compensation (Recent Migrants and Returning New Zealanders) Amendment Bill

Accident Compensation (Recent Migrants and Returning New Zealanders) Amendment Bill

Member’s Bill

19—1

Explanatory note

General policy statement

The purpose of this Bill is to amend the Accident Compensation Act 2001 (the principal Act), to fix an anomaly that currently exists in the principal Act.

While the Accident Compensation Corporation (ACC) provides income cover to claimants in the form of weekly compensation, this ceases once a person reaches the New Zealand superannuation qualification age on the basis they are now receiving superannuation.

But there is a small group of migrants and returning New Zealanders who once they reach the superannuation age, are not eligible for weekly compensation under the Accident Compensation Act and are also not entitled to superannuation as they do not meet the residential qualifications.

This Bill amends the principal Act to allow continuing ACC weekly compensation for this group, until such time as they meet eligibility for superannuation.

Clause by clause analysis

Clause 1 is the Title clause.

Clause 2 is the commencement clause and provides that the Bill comes into force on the day after the date on which it receives the Royal assent.

Clause 3 provides that the Bill amends the Accident Compensation Act 2001 (the principal Act).

Clause 4 sets out the purpose of the Bill, which is to allow a level of continuing weekly compensation under the principal Act to those persons who reach New Zealand superannuation qualification age, but do not meet the residential qualifications for receiving superannuation.

Clause 5 inserts a new paragraph (8A) in clause 52 of Schedule 1.

Clause 6 inserts a new clause 53A in Schedule 1, which provides continuing entitlements to weekly compensation for those persons who do not qualify for New Zealand superannuation and would otherwise cease to receive weekly compensation.

Melissa Lee

Accident Compensation (Recent Migrants and Returning New Zealanders) Amendment Bill

Member’s Bill

19—1

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the Accident Compensation (Recent Migrants and Returning New Zealanders) Amendment Act 2018.

2 Commencement

This Act comes into force on the day after the date on which it receives the Royal assent.

3 Principal Act

This Act amends the Accident Compensation Act 2001 (the principal Act).

4 Purpose

The purpose of this Act is to allow a level of financial support to those persons who—

(a)

are eligible to receive weekly compensation under the Accident Compensation Act 2001; and

(b)

on or after reaching the New Zealand superannuation qualification age do not meet the residential qualification for New Zealand superannuation; and

(c)

would otherwise cease to receive weekly compensation.

5 Schedule 1 amended

(1)

In Schedule 1, after clause 52(8), insert:

(8A)

Subclauses (1) to (8) are subject to clause 53A.

(2)

In Schedule 1, after clause 53, insert:

53A Continuing entitlement to weekly compensation

(1)

This clause applies to a claimant who—

(a)

would be entitled to receive weekly compensation but for clause 52 of this schedule; and

(b)

on or after reaching New Zealand superannuation qualification age is not eligible to receive New Zealand superannuation because he or she does not meet the residential qualification criteria in section 8 of the New Zealand Superannuation and Retirement Income Act 2001.

(2)

The claimant is entitled to receive weekly compensation until the date on which he or she becomes eligible to receive New Zealand superannuation.

(3)

Despite other provisions in Part 2 of this schedule, the amount of weekly compensation payable to the claimant is the lesser of—

(a)

the amount equivalent to the current rate of New Zealand superannuation for a single person who has been granted a living alone payment under the New Zealand Superannuation and Retirement Income Act 2001; or

(b)

the amount of weekly compensation to which the claimant was entitled immediately before his or her entitlement to that compensation ceased under clause 52 of this schedule.

(4)

Subclause (3) is subject to clause 51.