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On weekly payments, been given holiday pay

#1 User is offline   Karma 

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Posted 03 April 2019 - 03:46 PM

Hi - I've been off work since mid December. Happy with the process so far. Seen GP, went for ultrasound, saw specialist, went for MRI, Specialist has recommended me for surgery, waiting for ACC to approve. I've been getting the standard 80% with no issues. A little annoying as a few months before I was injured I had received a fairly substantial pay increase as a sort of loyalty bonus for sticking with my boss through a bad time the (small) business was experiencing. We were at the stage were we were getting ahead rather than treading water. Through very tight budgeting, we've been able to make things work with the 80%. Now, I have no complaint about this; it's the way the system works.

My question is this: being the end of the financial year, my employer has paid out all my remaining holiday pay. After tax, this came to about $2800. Is this something I have to declare to ACC, and if I do, are they going to cut my weekly payments until that has been used up? This is a huge boost to us at this time, making sure we are able to cover future bills. We are not extravagant people, have nothing on finance, we are renting and it has always been our habit to save a little bit weekly for all our expenses - so much for rent, so much for power, so much for car service, so much for insurance etc so we can pay bills when they arrive. This will go straight into our savings. I'm just terrified that if we don't declare it we will face penalties, but if we do we will lose it all. Is anyone out there able to advise please?
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#2 User is offline   Alan Thomas 

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Posted 03 April 2019 - 08:32 PM

View PostKarma, on 03 April 2019 - 03:46 PM, said:

Hi - I've been off work since mid December. Happy with the process so far. Seen GP, went for ultrasound, saw specialist, went for MRI, Specialist has recommended me for surgery, waiting for ACC to approve. I've been getting the standard 80% with no issues. A little annoying as a few months before I was injured I had received a fairly substantial pay increase as a sort of loyalty bonus for sticking with my boss through a bad time the (small) business was experiencing. We were at the stage were we were getting ahead rather than treading water. Through very tight budgeting, we've been able to make things work with the 80%. Now, I have no complaint about this; it's the way the system works.

My question is this: being the end of the financial year, my employer has paid out all my remaining holiday pay. After tax, this came to about $2800. Is this something I have to declare to ACC, and if I do, are they going to cut my weekly payments until that has been used up? This is a huge boost to us at this time, making sure we are able to cover future bills. We are not extravagant people, have nothing on finance, we are renting and it has always been our habit to save a little bit weekly for all our expenses - so much for rent, so much for power, so much for car service, so much for insurance etc so we can pay bills when they arrive. This will go straight into our savings. I'm just terrified that if we don't declare it we will face penalties, but if we do we will lose it all. Is anyone out there able to advise please?


Naturally I am extremely concerned that you should be so thoroughly misinformed and intimidated.

Ask yourself if you would feel is why if ACC was not a state owned entity and was just another insurance company.

Down to business

The ACC are required to pay 80% of your pre-injury earnings which includes everything from which you benefited from whether it be weekly wages, salary, company car, any sort of fringe benefit etc etc. With regards to your earnings by which the ACC are required to calculate your earnings compensation and its relationship to your holiday pay surely you realise that your holiday pay as part of your wages. So calculate 80% of your holiday pay and simply add that on to your earnings compensation. For example calculate how much you get on holiday pay per and and divide that by 52, calculate 80% of that and then add that to your weekly payments from the ACC.

If the ACC have not already got this information from your employer they have been grossly negligent in the duty of care to calculate your compensation properly. This kind of avoidance strategy to generate propers for themselves is nothing less than theft. As they are state servants this simply cannot be forgiven. Write a letter of complaint and asked that complaint to be addressed under the code of complaints so as you get a proper apology and that apology goes on your record.

As you have stated that the payment your employer has made is only part of your annual holiday paid the amount that the ACC have stolen from you seems to be more. I trust that extra income from your earnings will help you on your way.

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#3 User is offline   Brucey 

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Posted 04 April 2019 - 10:42 AM

View PostAlan Thomas, on 03 April 2019 - 08:32 PM, said:

Naturally I am extremely concerned that you should be so thoroughly misinformed and intimidated.

Ask yourself if you would feel is why if ACC was not a state owned entity and was just another insurance company.

Down to business

The ACC are required to pay 80% of your pre-injury earnings which includes everything from which you benefited from whether it be weekly wages, salary, company car, any sort of fringe benefit etc etc. With regards to your earnings by which the ACC are required to calculate your earnings compensation and its relationship to your holiday pay surely you realise that your holiday pay as part of your wages. So calculate 80% of your holiday pay and simply add that on to your earnings compensation. For example calculate how much you get on holiday pay per and and divide that by 52, calculate 80% of that and then add that to your weekly payments from the ACC.

If the ACC have not already got this information from your employer they have been grossly negligent in the duty of care to calculate your compensation properly. This kind of avoidance strategy to generate propers for themselves is nothing less than theft. As they are state servants this simply cannot be forgiven. Write a letter of complaint and asked that complaint to be addressed under the code of complaints so as you get a proper apology and that apology goes on your record.

As you have stated that the payment your employer has made is only part of your annual holiday paid the amount that the ACC have stolen from you seems to be more. I trust that extra income from your earnings will help you on your way.



I fail to see how ACC have stolen anything, or that they have done anything to warrant an opology.

There is nothing to suggest ACC have failed this person in any way.

In fact Karma states he is " happy with the process so far ".

In answer to your question Karma, you should always declare any and all income to ACC.



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#4 User is offline   MINI 

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Posted 04 April 2019 - 11:26 AM

View PostKarma, on 03 April 2019 - 03:46 PM, said:

Hi - I've been off work since mid December. Happy with the process so far. Seen GP, went for ultrasound, saw specialist, went for MRI, Specialist has recommended me for surgery, waiting for ACC to approve. I've been getting the standard 80% with no issues. A little annoying as a few months before I was injured I had received a fairly substantial pay increase as a sort of loyalty bonus for sticking with my boss through a bad time the (small) business was experiencing. We were at the stage were we were getting ahead rather than treading water. Through very tight budgeting, we've been able to make things work with the 80%. Now, I have no complaint about this; it's the way the system works.

My question is this: being the end of the financial year, my employer has paid out all my remaining holiday pay. After tax, this came to about $2800. Is this something I have to declare to ACC, and if I do, are they going to cut my weekly payments until that has been used up? This is a huge boost to us at this time, making sure we are able to cover future bills. We are not extravagant people, have nothing on finance, we are renting and it has always been our habit to save a little bit weekly for all our expenses - so much for rent, so much for power, so much for car service, so much for insurance etc so we can pay bills when they arrive. This will go straight into our savings. I'm just terrified that if we don't declare it we will face penalties, but if we do we will lose it all. Is anyone out there able to advise please?


Karma

Holiday pay is usually included in you pay to cover the weeks you have been paid for. I had a fight with ACC about this, that the holiday pay should have them been included as part of you/my income to gain a 'true' 80% for ongoing w/c.

Alas not many understand paye and the way it is taxed differently to normal income and so we can get ripped off.

I am not saying this is what happens now as I haven't done PAYE work for a long time. But this will give you something to think on.

Your holiday pay will be used as weeks still employed, which would make your start date for incapacity later, when it comes to entitlements, especially weekly compensation.

Check this out these days by using the Act to do so.

Good luck.

Mini
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#5 User is offline   Karma 

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Posted 05 April 2019 - 06:30 AM

An update - I rang my case manager who confirmed that being paid out holiday pay while on weekly compensation is counted as income. She said that if my employer could take it back, it wouldn't affect my payments. So I contacted my employer who was happy for me to transfer the payment back. I don't have this in writing, but do have time and date of call. Hopefully this will all be good.
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#6 User is offline   Alan Thomas 

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Posted 05 April 2019 - 10:18 AM

View PostKarma, on 05 April 2019 - 06:30 AM, said:

An update - I rang my case manager who confirmed that being paid out holiday pay while on weekly compensation is counted as income. She said that if my employer could take it back, it wouldn't affect my payments. So I contacted my employer who was happy for me to transfer the payment back. I don't have this in writing, but do have time and date of call. Hopefully this will all be good.


how utterly and completely ridiculous some case managers can be and further how disgraceful it is for the ACC not to properly select staff that for the work and train them properly.

Holiday pay is money that you own as a consequence of earning that money. It simply is not possible to ignore that fact.

What your case manager is trying to doIs high the fact that they had not calculated the holiday paid into the actual earnings compensation that they were paying you which would make your earnings compensation higher than it is now! In other words the case manager is attempting to disguise the fact that they are stealing from you by asking you to hide the relevant facts. In other words the case manager is asking you to be complicit in the actual fraud against you concerning the calculation and production of the documentation for the purposes of your pecuniary advantages, your earnings compensation.

My suggestion is to write to the case managers manager asking for an apology and a correction of the wrongdoing against you so as you receive the proper earnings compensation. If this fails lodged complaints with the officer of the complaints investigations department. If this doesn't work seek a review hearing regarding the wrong calculation of your earnings compensation.


When the ACC calculate earnings compensation in the manner to include all earnings including holiday pay it would mean that they would be paying you more. When holiday pay yet to be paid is actually paid this is not representative of any kind of deduction but rather evidence of what you were being paid. Only an idiot would think that that the money coming from holiday pay for something representative of the future after the accident when in reality the holiday pay is only money held back for you as you are earning it every single week at which time it was held by the employer until your holidays or in this case until you had an accident event and were not go to return to work at which time the employer is required to pay the holiday pay up until the time you stopped work. As no holiday pay has been generated after you stopping work it is totally and completely and utterly impossible for ACC to be claiming that money as some kind of earnings after your injury. This just represents the mindset of the ACC staff members who see an opportunity to take from you at every single opportunity. Once the ACC are aware of this fact and they go ahead taking the money they commit an act of theft which then of course ceases to be an ACC matter under the review hearing procedure but rather a matter for the police.

Absolutely unequivocally you must not falsify information by hiding your earnings compensation by gifting it back to your employer. Do they think that you are completely out of your mind?
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#7 User is offline   MINI 

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Posted 05 April 2019 - 01:12 PM

View PostKarma, on 05 April 2019 - 06:30 AM, said:

An update - I rang my case manager who confirmed that being paid out holiday pay while on weekly compensation is counted as income. She said that if my employer could take it back, it wouldn't affect my payments. So I contacted my employer who was happy for me to transfer the payment back. I don't have this in writing, but do have time and date of call. Hopefully this will all be good.


Karma

Good for you, but I am not sure what gives him the legal right to do that. If they do that for the holiday pay, why cant they do that for backdated weekly compensation payments?.

Lets know how you get on.

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