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Interest On Back-payments You have to ask for it!

#1 User is offline   Limoges 

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Posted 24 May 2005 - 05:26 PM

Even though by law ACC has to pay interest on any late payments including back-pay does everyone realise that you have to officially ASK ACC for the interest which accrued over the time they did not pay your entitlements? You will not otherwise get what you are lawfully entitled to!
What sort of ridiculous and no doubt illegal situation is this?!!! The mind boggles!
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#2 User is offline   Kiwee 

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Posted 26 May 2005 - 05:02 PM

If anyone doubts that acc will actually pay out on the interest owed, I will state that the time I did ask acc for a payment of interest on money (that I hadnt realised they owed me, it was because of an internal audit they found they owed me it), acc actually paid out the interest fairly promptly. It took a bit of sqeaky wheel work to get it and i think they were surprised I knew i was entitled to it. I was also surprised at the amount when I got it (over 100 percent of the money paid out originally)
SO they aint all bad
cheers
now to see about those overpayments to IRD on winz payments ....
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#3 User is offline   Tomcat 

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Posted 26 May 2005 - 05:50 PM

Greetings,
I asked for interest at the time or shortly after court decision, ordering
re instatement and back pay for 26 years.
ACC took from April 2003 to Oct. 2004 sort this out... Deliberately.
and have only paid interest from the date they claim they had all WINZ info was available... Oct 2004.
and paid a few months of interest...
My records show, as do ACC's, that they have had WINZ info back in 1991, if not a lot earlier.
There have been several Court decisions, ordering ACC to pay interest from date of injury or Exit... Stating that WINZ info is not nessecary or required. They ignored all this... Other Docs I have show a clear intent to deny/ deduct/ reduce the true payout...
and ERC entitlement.
Nothing less than criminal intent.

Be aware Mr Wilson/ Mr McGreevy... This one aint ganna "go away"
WINZ HAVE DONE AS THEY SAID THEY WOULD...in part. and refunded the "Overpayment"...
now its your turn to put it all right.

TC.
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#4 User is offline   mouse 

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Posted 28 May 2005 - 08:00 AM

There are a number of high court rulings awarding interest on late payments prior to the 1992 Act examples are Howley & estate of SB
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#5 User is offline   magnacarta 

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Posted 28 May 2005 - 12:16 PM

That is right about Howley and SB but then in ACC v Robinson AP 12/03 High Court, Whangerei, 1/803, Justice Heath held that interest is not payable for any period prior to 1 July.

Reviewer's and Judges have then cited ACC v Robinson but I'm not satisfied that this case has been properly interpreted and applied by the Reviewer's and Judges.

Robinson did not have cover until the 1998 Act.

The question must surely be - on what date did the interest accrue not on what date it was applied for.
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#6 User is offline   BIDD 

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Posted 28 May 2005 - 01:11 PM

:ph34r: HI i was injured in 1988 and was underpaid until 2000 when i finaly found out that acc had been didling me all those years ,,i won a case against them
butt''' was never paid any interest,i always thought they should have squared me up for thier mistake,,,would i be intitled to any form of interest payments,,was told earlier ledgistlation did not cover this,,Hmmmmmmmcheers BIDD :ph34r:
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#7 User is offline   doppelganger 

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Posted 30 May 2005 - 06:19 PM

Bidd the ealier act might not have had an intrest but they did have other forms of compensation for ACC mistakes. the 72 Act has it for sure and will check the 82 Act because if yu are not intitled for intrest then you are entitled to this.
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#8 User is offline   chroy 

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Posted 28 June 2012 - 05:01 AM

How is interest calculated? For backdated WC to the late 80s as I received WC back to 1986
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#9 User is offline   Mark 

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Posted 28 June 2012 - 08:38 AM

 BIDD, on 28 May 2005 - 01:11 PM, said:

:ph34r: HI i was injured in 1988 and was underpaid until 2000 when i finaly found out that acc had been didling me all those years ,,i won a case against them
butt''' was never paid any interest,i always thought they should have squared me up for thier mistake,,,would i be intitled to any form of interest payments,,was told earlier ledgistlation did not cover this,,Hmmmmmmmcheers BIDD :ph34r:

Well done.. Make sure ACC have included all your "perks" in your weekly comp calculation.. see Lewis vs ACC & Davis vs ACC

Interest on arrears in ERC/weekly comp appeared in the 1992 act.

Quote

72. Payment of interest where Corporation or exempt employer makes late payment of compensation based on weekly earnings---Where any payment of compensation based on weekly earnings to which a claimant is entitled is not paid by the Corporation or exempt employer within 1 month after the Corporation or exempt employer has received all information necessary to enable calculation of the payment, interest shall be paid on the amount payable by the Corporation or exempt employer at the rate for the time being prescribed by or for the purposes of section 87 of the Judicature Act 1908 from the date on which payment should have been made to the date on which it is made.

Put politely that means 1 month after ACC initially had all the info needed to make payment.

So yes indeed put in a claim for interest on all your backdated ERC/weekly comp. ACC must issue a decision and that decision is reviewable.

Also check that ACC have applied all the Order in Council payrises to your payments.

The mechanic's of the payment are simple... All outstanding payments are accrued up until june 1992 when they start earning interest at the time being prescribed by or for the purposes of section 87 of the Judicature Act 1908.

It is worth fighting for. Interest accrues at 11% 1992 - 2002, 8% 2002 - 2008, 5% from 2008 (rough figures from memory)

Interest on backdated ERC/weekly comp is tax free! (IRD vs Buis, Burston)
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#10 User is offline   chroy 

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Posted 28 June 2012 - 05:00 PM

Great thanks, so if I've already received backdated ERC to 1987, then I can get interest for the total ERC paid to me up until 2008 when I was reinstated ERC back to 1987. Say I got 300k, say $200k went to WINZ would I then get interest on the $100k gross payment I receive? And the 11% etc will be applied from 1987 or 1992 as I come under the 1982 Act?
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#11 User is offline   Mark 

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Posted 28 June 2012 - 07:34 PM

 chroy, on 28 June 2012 - 05:00 PM, said:

Great thanks, so if I've already received backdated ERC to 1987, then I can get interest for the total ERC paid to me up until 2008 when I was reinstated ERC back to 1987. Say I got 300k, say $200k went to WINZ would I then get interest on the $100k gross payment I receive? And the 11% etc will be applied from 1987 or 1992 as I come under the 1982 Act?

Did ACC calculate your ERC correctly.. ie all perks, must be included as income.. eg cheap housing, staff loans, company car, insurance policy's etc..

Interest payments start from July 1992 on all outstanding ERC from 1987 - 1992. Interest is calculated weekly. Established by Kearney. See ACC's guidlines re Kearney (now outdated/reworked to save money)

The tricky part is now the WINZ repayment...

ACC are claiming that the WINZ repayment is the date they had the full info to pay so are trying to restrict interest payments to be only available from the day WINZ supplied the info for a repayment.

ACC are also trying to claim the money repaid to the claimant and then re-imbursed to WINZ doesn't qualify for interest.

Hence cases such as Miller going through the Appeal court are holding things up.
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#12 User is offline   hukildaspida 

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Posted 28 June 2012 - 07:45 PM

This section is in part the very reason ACC staff don't like admitting there own wrongdoing / misconduct to it's clients whom have had these entitlements robbed from them when ACC staff have acted dishonestly.

It is overdue ACC apologised to those whom in the course of pre-accident occupations obtained these entitlements through honest means & have been subjected to wrongful action.

How many have been diddled of their correct entitlements due to documents been removed from files prior to having to pursue Legal action to obtain what is rightfully theirs? Or only had the lessor costing injury acknowledged as it costs ACC less?

The files that in IT Sweeps are referred to as L-Drive files will show where ACC staff & there legal representatives have acted dishonestly, files that we understand they are withholding from clients, and it may well be because you may have received and been entitled to something that ACC staff at the time would never have been entitled to themselves as it was not included in their ACC/ PSA employment contracts.

When a person has something some else has and they can't have it, it's called jealousy and it's ugly.


S.52(2)(a) of the 1982 Act which reads as follows -
"(a) Any wages, salary, allowances (including
allowances of any of the kinds referred to in S.72
of the Income Tax Act), holiday pay, overtime pay,
long-service leave pay, bonuses, gratuities, extra
salary, commissions, directors' fees, honoraria,
emoluments, or remuneration of any kind paid or
payable (whether in cash or otherwise) to any
person in respect of or in relation to the
employment of that person as an employee ..."
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#13 User is offline   doppelganger 

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Posted 09 July 2012 - 05:29 PM

Just a little not on the amount of interest libable

This provision was made as a result of a decision from the Court of Appeal that affects ACC’s liability to pay interest for persons
whose weekly compensation was stopped during the periods of the Accident Compensation Act 1972, Accident Compensation
Act 1982 and Accident Rehabilitation and Compensation Insurance Act 1992, but was later reinstated.


Provision made during the year 2010 $32,488,000.00

Reversal of unused provision 2011 $17,996,000.00

ACC was able to litigate away $14,962,000.00

Source Page 125 ACC Annunal Report.

Just a thought why ACC is not paying out on any interest. Tomcat your case will cost ACC $17 + Million.

At 11% that means they had paid back something like $180,000,000.00 in over due compensation. Or is it $325,000,000.00.
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#14 User is offline   MINI 

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Posted 09 July 2012 - 06:24 PM

 doppelganger, on 09 July 2012 - 05:29 PM, said:

Just a little not on the amount of interest libable

This provision was made as a result of a decision from the Court of Appeal that affects ACC’s liability to pay interest for persons
whose weekly compensation was stopped during the periods of the Accident Compensation Act 1972, Accident Compensation
Act 1982 and Accident Rehabilitation and Compensation Insurance Act 1992, but was later reinstated.


Provision made during the year 2010 $32,488,000.00

Reversal of unused provision 2011 $17,996,000.00

ACC was able to litigate away $14,962,000.00

Source Page 125 ACC Annunal Report.

Just a thought why ACC is not paying out on any interest. Tomcat your case will cost ACC $17 + Million.

At 11% that means they had paid back something like $180,000,000.00 in over due compensation. Or is it $325,000,000.00.


Far out where do your figures for Tomcats case come from?? And Litigating away the $14 Million, you have to be joking??. No one was litigating 'interest' except Kearney, everyone was awaiting the outcome of his case.

If your figures are correct someone certainly needs to bring that to the Auditor Generals attention. There has only been two cases litigated on interest this year, that is mine and Dalziel.

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#15 User is offline   Corrupt Motive 

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Posted 12 January 2016 - 11:27 PM

 Tomcat, on 26 May 2005 - 05:50 PM, said:

Greetings,
I asked for interest at the time or shortly after court decision, ordering
re instatement and back pay for 26 years.
ACC took from April 2003 to Oct. 2004 sort this out... Deliberately.
and have only paid interest from the date they claim they had all WINZ info was available... Oct 2004.
and paid a few months of interest...
My records show, as do ACC's, that they have had WINZ info back in 1991, if not a lot earlier.
There have been several Court decisions, ordering ACC to pay interest from date of injury or Exit... Stating that WINZ info is not nessecary or required. They ignored all this... Other Docs I have show a clear intent to deny/ deduct/ reduce the true payout...
and ERC entitlement.
Nothing less than criminal intent.

Be aware Mr Wilson/ Mr McGreevy... This one aint ganna "go away"
WINZ HAVE DONE AS THEY SAID THEY WOULD...in part. and refunded the "Overpayment"...
now its your turn to put it all right.

TC.


What is the formula used to pay WINZ back after receiving ACC arrears? Is any disabilty allowances part of money having to pay back? thanks



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#16 User is offline   Huggy 

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Posted 13 January 2016 - 03:55 PM

In almost all cases everything that WINZ has paid you, whether accommodation supplement, disability allowance, weekly benefit etc has to be repaid to WINZ. WINZ will provide the total that has to be repaid to them to ACC to seek the payment directly from ACC before any back payment is made to you.

The only time that you may be eligible for such as an accommodation supplement, is if you were eligible for that when you receive ACC. In some cases, ACC payments may be low that you are still eligible for such an allowance. Anything non taxable, such as an emergency food grant or such most likely would not have to be repaid.

I am positive that this is how it works but if someone else can provide more information then please do so.
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#17 User is offline   Alan Thomas 

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Posted 13 January 2016 - 07:03 PM

As the ACC entitlements are the claimants by right and that there is no connection between the ACC and WINZ arrangements for payments going between ACC and WINZ should not have any basis in law.

It seems to me that the ACC should be paying the claimant and full and then for the claimant to reimburse WINZ.

Why are claimants passively accepting these "arrangements" which takes away the authority of the handling of the claimants own money as if the claimant cannot be trusted? Are ACC claimants somehow second-class citizens requiring the management of their affairs being under the control of the ACC who by the way created the situation because they could not be trusted to manage the claimants entitlements properly in the first place. Obviously an aggrieved claimant cannot possibly trust the ACC to get it right when paying WINZ on behalf of the claimant as they have already proved their incompetence.
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#18 User is offline   MINI 

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Posted 30 January 2016 - 11:53 AM

 Alan Thomas, on 13 January 2016 - 07:03 PM, said:

As the ACC entitlements are the claimants by right and that there is no connection between the ACC and WINZ arrangements for payments going between ACC and WINZ should not have any basis in law.

It seems to me that the ACC should be paying the claimant and full and then for the claimant to reimburse WINZ.

Why are claimants passively accepting these "arrangements" which takes away the authority of the handling of the claimants own money as if the claimant cannot be trusted? Are ACC claimants somehow second-class citizens requiring the management of their affairs being under the control of the ACC who by the way created the situation because they could not be trusted to manage the claimants entitlements properly in the first place. Obviously an aggrieved claimant cannot possibly trust the ACC to get it right when paying WINZ on behalf of the claimant as they have already proved their incompetence.


Thomas you are very forgetful

We are not all passively accepting these "arrangments". I for one told ACC, Social Welfare and IRD over a six year period. right to the High Could because "I knew" that any law the three entities thought they could use in their Tri departmental agreement, was not written for us ACC disabled claimants. It has been in use for a very long time and was for something totally different.
This six years had to come to an end as the Kearney case came out for interest and my interest was worth more that my overpaid tax was. I am not clever like you and cannot do these very complicated cases together. They had to be done individually with my full attention.

The High Court Judge in the tax case said that we had both had a justifiable case. BUT alas no one has been game enough to pick it up and go for it again. So we may leave it to you when you win your W/c back or ERC in your case. And see how well you do. Remember that this is one of the Tax cases that Lauda Finem used to gain my full name and you used that information to post over on your Declination thread to try to embarrass me and telling lies about me as belonging to a conspiracy and being a Tax cheat!! Remember that Thomas!!

Two of us knew there was a Tri departmental agreement because we had the senior manager from IRD say so on the stand under oath. I doubt that you will ever get that far though.

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#19 User is offline   chroy 

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Posted 04 November 2017 - 10:21 AM

Can someone email me to help me with my Interest claim for BWC that ACC withheld in 2012, however In a recent decision from Reviewer Rex wood house, ACC now have to pay me my erc. I’m under the 1982 Act.
ACC also withhold about $68k of interest but just paid it to me. Can I claim intetest on the late payment of the interest payment also?
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#20 User is offline   MINI 

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Posted 09 November 2017 - 10:39 AM

 chroy, on 04 November 2017 - 10:21 AM, said:

Can someone email me to help me with my Interest claim for BWC that ACC withheld in 2012, however In a recent decision from Reviewer Rex wood house, ACC now have to pay me my erc. I’m under the 1982 Act.
ACC also withhold about $68k of interest but just paid it to me. Can I claim intetest on the late payment of the interest payment also?


chroy

well good for you, but no I do not think you have a right to interest on interest. If you are allowed your interest the amount looks as though it was BD a fair way back, which gives me a signal it is fair to right. One would have to know more to answer your question thoroughly.

However, what is interesting to me as you do not say if you paid the fair tax rate or the larger amount as this thread is about overtaxing of backdated weekly compensation.

Are you happy with the way and amount you were taxed on the B/D W/C?

if not how and what percentage of the full amount did they charge you?

Did they tax your interest as well?

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