a person has received supplementary assistance, being a benefit paid that is not a main benefit under this Act, for a period; and

the person has later received a back-dated payment of weekly compensation under the Accident Compensation Act 2001 for all or part of that same period.

the person received the payments in good faith; and

the person did not intentionally contribute to any material error; and

having regard to all the circumstances, recovery would be inequitable.

whether the person materially altered their position in reasonable reliance on the validity of the payments; and

the length of time taken to determine entitlement to accident compensation; and

whether any delay in determining entitlement was materially attributable to the person; and

the potential impact upon other persons, including any person who received part of a couple rate of benefit in reliance on the validity of the original payment; and

the purpose for which the supplementary assistance was paid; and

whether the back-dated compensation relates to abuse in State care or being the victim of a crime or a claim for cover under section 21, 21A, or 21B of the Accident Compensation Act 2001; and

the financial circumstances of the person, including whether recovery would cause serious hardship; and

the purposes of the accident compensation scheme and this Act.

any part of a disability allowance paid during the relevant period; or

any supplementary assistance paid to meet costs that would generally be met by the Accident Compensation Corporation had cover and entitlement been recognised at the time those costs were incurred.

this section also applies to any person who, before the commencement of the amendment Act,—

nothing in this Act is to be taken as retrospectively validating an administrative decision that was unlawful when made.