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These Things Take Time ACC Head Cheese

#1 User is offline   Al9lifes 

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Posted 01 July 2007 - 03:32 PM

Quote

27 June 2007
As discussed, whilst it may present some problems within ACC's payment system, providing that WINZ can confirm that the reimbursement amount is unlikely to increase following their review hearing,

ACC could pay the amount of S18,434.03 to Mr Langdon and then revise this amount once WINZ confirms the actual amount to be reimbursed.
Cara Somers


Quote

20 January 2005

ACC has acknowledged it made an unreasonable request of Mr Langdon,

Having acknowledged ACC made an invalid decision, the Chief Executive decided ACC would accept Mr Langdon was incapacitated for the periods that he received a benefit from WINZ.

The Chief Executive also gave instructions that ACC should make urgent arrangements with WINZ to cease Mr Langdon's benefit,

Calculation of any entitlement to arrears should follow soon afterwards.

The above explanation should be sufficient to dispel any concerns that he might hold that the Chief Executive's decisions conflict with the principles of the Peck decision.




Attached File  Invalid_Decision.pdf (1.39MB)
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#2 User is offline   Spacecadet 

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Posted 01 July 2007 - 07:26 PM

Alan
Make sure you only repay the basic benefit to WINZ.
WINZ cannot claim back the accommodation allowance, special benefit, disability allowance or any special needs grants. I mention this because WINZ are in the practise of reclaiming these - but they have no right to do so in law.
You can obtain from IRD the gross amount paid to you by WINZ in this period, and the amount of PAYE that has been deducted. There is also a program under SWIFT that WINZ has the figures - but I have never heard of anyone getting this information from WINZ. I may need to search back through my files for the name of the SWIFT print out to request.
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#3 User is offline   Gloria Mitchell 

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Posted 01 July 2007 - 08:03 PM

View PostSpacecadet, on Jul 1 2007, 08:26 PM, said:

Alan
Make sure you only repay the basic benefit to WINZ.
WINZ cannot claim back the accommodation allowance, special benefit, disability allowance or any special needs grants. I mention this because WINZ are in the practise of reclaiming these - but they have no right to do so in law.
You can obtain from IRD the gross amount paid to you by WINZ in this period, and the amount of PAYE that has been deducted. There is also a program under SWIFT that WINZ has the figures - but I have never heard of anyone getting this information from WINZ. I may need to search back through my files for the name of the SWIFT print out to request.



Then how come, in my understanding from others, Winz do claw back those allowances? Do you have documentation that could help others?

Gloria
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#4 User is offline   Spacecadet 

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Posted 01 July 2007 - 09:32 PM

View PostGloria Mitchell, on Jul 1 2007, 08:03 PM, said:


Then how come, in my understanding from others, Winz do claw back those allowances? Do you have documentation that could help others?

Gloria


I am well aware that WINZ are claiming these allowances back - but they are acting outside the law in doing so. WINZ and ACC collude to cover this up by failing to fully account on payments made to the WINZ / ACC client. I note ACC state they will deal with Allan's repayment to WINZ by review. DRSL do not have jurisdiction, and in any event - its WINZ matter.

I have had my accountant working on this for the eventuality of when, if ever, I receive backdated ERC. Mini has also been working on the same issue from a different angle. Once her TRA case has been heard - things may change?

My legal argument is based on what ACC and WINZ are doing is contrary to the Income Tax Act. Backdated ERC is treated by IRD as income in the taxation year in which it recieved by the claimant. Thus, 5 years back dated ERC received this month counts, in total as this years income only and is taxed accordingly. Thus, in this example, ones income is 5 times higher than normal for on year - and higher rates of taxation apply.

Conversely, ones "retrospectively corrected" income for the preceding 4 years does not increase, in fact it decreases as the basic benefit, which is taxable income, must be repaid under the Social Security Act.

Thus - ones ellegibility for the non taxable accommodation allowance for the preceding 5 years has not changed, thus is not repayable.

Likewise the same argument applies to any special benefit recieved.

The disability allowance is a non taxable allowance paid to meet specific medical costs. These should have, at the time, been meet by ACC but were not. Thus - is any repayment of this allowance is made - it must be by ACC - not the claimant.

I have had experience in taxation law and this legal position is supported by my accountant. However, I have not yet found anyone about to recieve backdated ERC payents prepared to take on ACC and WINZ on this issue. This issue has been coverd in postings by Mini.

Anybody needing any help contact me off forum.
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#5 User is offline   Al9lifes 

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Posted 02 July 2007 - 07:39 AM

Do not sign things you do not understand. I would recommend.

Winz have made many attempts to obtain my signature and approval to enable WINZ and ACC to steal more of my entitlements.

I have become very wary of putting my signature anywhere.
And don't do so.

And I am still awaiting my Backdated ACC entitlements over 5 years after the ACC innapropriately suspended all of my entitlements including weekly compensation, treatment costs, rehabilitation expenses and the rest.

ACC is rehabilitating me the hard way.
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#6 Guest_mini_*

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Posted 03 July 2007 - 03:41 PM

Hi all

Just a quickie, as have Mums funeral tomorrow.

Spacecadet is correct. Someone needs to take WINZ to task all the way to the H/c if need be to prove that thier section 81 does not cover the non-taxable allowance paid to us.

We are paid it because we are not being given enough money to live on. Our right is to have ACC at 80% of our wage which most of us could live on and do, now after fighting for it. The non-taxables are virtually the same as Rehabilitation if ACC ever gave it to us. Or indeed re-payments which would normally not be required to WINZ.

I am only dealing with the tax position. Although one would think the rest of the WINZ and ACC deal can not hold up if the tax position can not. As far as I am concerned we are being overtaxed.

Gloria

WINZ think they have the right to call our non-taxables a 'debt to the crown' which can be enforced to be paid under their section 86A, although I must admit I have never seen a case put through the steps and processess they must go through to make it a 'debt', and therefore tax it by deducting it from your already taxed income.

'Reimbursements' are not usually taxable. And most of us have untaxed income of IA which can be repaid dollar for dollar without interferring with our tax, but we are never given that option. It all stinks to high heaven of a tri-departmental agreement between three crown entities to maximise the tax intake and limit our net income. It is very 'undercover' in that most people at base level of ACC and WINZ would never know about how it works. They only do what they are told and calculate the figures. They do not appear to recognise the reasoning behind it. This is understandable as it is very cleverly done from very high places.

Sound like 'fraud' to you??? Me too!!!

Do not under any circumstances let WINZ take the non-taxable money from you. Fight it all the way. ACC do NOT have the authority to pay it to WINZ without special circumstances having taken place. AND it cannot happen if you have a case in the court to be decided.

Please someone help us and squash WINZ habit of money grabbing without getting our proper consent, by taking action against them. The rest should be sorted by my Tax case.

Cheers
Mini

Space cadet

Could you send post 4 to my private e-mail address.

Would be grateful.

Can't think to deeply about it at the moment, but more news came to light in past few days.

Cheers Mini
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#7 User is offline   Al9lifes 

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Posted 03 July 2007 - 08:12 PM

:huh:

I cant make Headwhey or tail out of this

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#8 User is offline   Al9lifes 

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Posted 03 July 2007 - 08:44 PM

:huh: Attached File  Winz_Backdated_debt_ACC_1_and_2.pdf (1.39MB)
Number of downloads: 22
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#9 User is offline   Al9lifes 

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Posted 03 July 2007 - 09:41 PM

:huh: Attached File  Winz_Backdated_debt_ACC_3_and_4.pdf (1.17MB)
Number of downloads: 7

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#10 User is offline   Al9lifes 

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Posted 03 July 2007 - 11:03 PM

:blink:

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#11 User is offline   Sparrow 

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Posted 03 July 2007 - 11:09 PM

Mini, my deepest sympathy to you. You do not need all this stress from ACC and others at this time. Take care, Sparrow
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#12 User is offline   Al9lifes 

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Posted 03 July 2007 - 11:45 PM

:wacko:

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#13 User is offline   Al9lifes 

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Posted 04 July 2007 - 12:23 AM

:wub:

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#14 Guest_mini_*

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Posted 04 July 2007 - 11:51 AM

Thank you Sparrow. Your thoughts are appreciated.

Will back amid it soon I hope.

Cheers
Mini
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#15 User is offline   Al9lifes 

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Posted 04 July 2007 - 02:17 PM

Quote

13 January 2005

Dear Mr Langdon,
I am writing with regard to a letter we sent to you on the 24th December 2004 requesting information required for your claim.

I wish to retract this letter and apologise for the inconvenience I am sure this will have caused you.

We are actively working with the Ombudsman towards fInalising the arrangements regarding your reinstatement of weekly compensation and it was inappropriate of us to have sent you this letter.

In retracting our letter of 24/12/04 I would like to take this opportunity to advise you on the current status of your claim with regard to weekly compensation:

1. We will be reinstating your weekly compensation once we are able to confirm calculation of your entitlement.

2. We accept that you were incapacitated for the period during which you were receiving support from Work & Income New Zealand (WINZ), and will not require medical certification during this time.

3. However, for the period you were not in receipt of a WINZ benefIt (31/10/02-3/2/03) we will require medical certifIcation confIrming your continuing incapacity during this period.

Can you please advise me whether you consulted your doctor during, or immediately prior to this period?

Alternatively, if you were in paid employment during this period, please advise me accordingly.

4. We are currently working with WINZ to establish what you have been paid and what reimbursement is due to that agency.

5. Once we have confirmation of earnings from WINZ and have reimbursed their department, any arrears due will be paid to you direct.

6. We are liaising with WINZ to determine a date that your WINZ benefit will cease and that ACC will recommence payments to you.

I hope that this dispels any concerns you may have had following receipt of our letter of the 24th December.

If you have any further queries please do not hesitate to contact me on my direct dial
915-8146 to discuss further.
Yours sincerely,
Delline Brunt
Acting Branch Manager
HENDERSON ACC

:angry:
Attached File  13_anuary_2005_Deline_Brunt_apology.pdf (1006.76K)
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#16 User is offline   Al9lifes 

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Posted 04 July 2007 - 07:18 PM

Quote

16 February 2006
Documentation for Review - Review No 43529

ACC has received your application for review.

The application is about ACC's decision on 24/11/2005 to pay backdated weekly compensation.

ACC has looked carefully at the reasons for this decision and has decided not to change the decision.

Your application will now be considered by an independent reviewer.

This will be arranged by Dispute Resolution Services Limited (DRSL).

Raewyn Nield
Case Manager


Attached File  16_February_2006_Raewyn_Neild_bacdtd_wkly_cmp.pdf (1.32MB)
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#17 User is offline   Al9lifes 

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Posted 05 July 2007 - 03:43 PM

Quote

3 July 2007

Dear Mr Langdon
Backdated weekly compensation

During the period 30 July 2002 to 12 October 2002, and 4 February 2003 to 16 January 2005 you did not receive the full amount of weekly compensation you were entitled to.

This is because Work and Income NZ (WINZ) are claiming reimbursement in respect of your weekly compensation entitlement for this period, and are yet to confirm the amount to be reimbursed.

As you know, WINZ advised ACC on 13 October 2006 that the amount to be reimbursed was $29,147.85; however they later confirmed that this figure was in fact still under review.

As a consequence the reimbursement was not processed at that time and your backdated weekly compensation entitlement was not released.

ACC has since received confirmation from WINZ that whilst this matter is still under review at their end, it is highly unlikely that the figure of $29,147.85 will increase.

Accordingly, ACC has decided to release the amount of $18,434.03 (the gross amount due after $29,147.85 is deducted) to you in the mean time.

Reimbursement will not be paid to WINZ until they confirm the correct amount to be reimbursed.


When WINZ eventually does confirm this, any arrears that may be due to you will be paid.

Likewise, ACC reserves the right to recover any overpayment that may occur, should the figure of $29,147.85 increase.

Please find enclosed, for your reference, a copy of the fax that ACC sent to Dane Tuiqereqere regarding this matter

How much we owe you

Backdated compensation owed: $47,581.88

Less Work and Income benefit received when you should have been receiving ACC weekly compensation : $29,147.85

Total amount ACC owes you (before tax) : $18,434.03

Important tax information about your payment

Weekly compensation is taxed in the year in which you receive it, not the year to which the payment relates

This means the backpayment shown above will be included in your taxable income for the current tax year.

Depending on what other income you receive this year, you may need a different tax code for your backpayment.

This is because your tax rate can change once your total income reaches a certain level

We strongly suggest
you phone the Inland Revenue Department (on 0800 227 774) to find out if:
your back-payment should be taxed at a higher rate, or

you need a special tax code for your backpayment.

If you want to change your tax details, please let us know.
To do this, please complete the attached ACC 1566 form and return it within 10 working days from the date of this letter.

If you require a special tax code, you will also need to send us an 'IR2:3 Special Tax Code' form, which is available from Inland Revenue.


If we don't hear from you, we will tax your backpayment according to your current tax code.


This could mean you incur a tax debt, if the payment should have been taxed at a different rate
.

Interest on backdated compensation


ACC pays interest on any amounts paid more than one month after they should have been.

If you are eligible to receive interest on your backdated compensation, we will calculate and pay the interest after you have received your backpayment.

Interest is calculated from the time ACC had all the necessary information required to calculate weekly compensation, until the time the back-payment is made.

Your right to a review


If you have any questions about this decision, please contact me.
If you aren't satisfied with the decision, you can ask for an independent review.
The enclosed information Working Together tells you how to do this.
Yours sincerely
Stephen Coyle
Case Manager

Attached File  3_July_Stephen_Coyle.pdf (1.16MB)
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#18 User is offline   Al9lifes 

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Posted 06 July 2007 - 10:41 AM

Can someone point me to the piece of legislation that deals with recieving and spending monies in good faith and not contributing or otherwise to the error.

I know it is in the ACC and the WINZ legislation because I have been successful at review in both cases both with WINZ and ACC mistakes.

I recieved the WINZ payments because I was entitled to them.
I spent these monies unaware I would be asked to pay them back.

ACC owes me monies that will only be taxable when they are paid to me.
ACC does not want to pay me the monies it owes me.

Until the monies are paid to me I have recieved no more than I am entitled to recieve.
ACC owes me my monies from historical ACC mistakes and failures to provide my calculated and approved weekly compensation.

When I am paid my ACC weekly compensation backpay it will be no more than what I am owed.

The failings, mistakes, crimes etc are all of the ACC's making and ACC is liable for these.

They are trying to push the onus upon me and I will not accept this.
This is ACC's bad. They can pay to make it better.
Still this money is not enough sadly. :(
Abysmal treatment and behaviour.
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#19 User is offline   Jack 

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Posted 06 July 2007 - 11:21 AM

View PostGloria Mitchell, on Jul 1 2007, 08:03 PM, said:

View PostSpacecadet, on Jul 1 2007, 08:26 PM, said:

Alan
Make sure you only repay the basic benefit to WINZ.
WINZ cannot claim back the accommodation allowance, special benefit, disability allowance or any special needs grants. I mention this because WINZ are in the practise of reclaiming these - but they have no right to do so in law.
You can obtain from IRD the gross amount paid to you by WINZ in this period, and the amount of PAYE that has been deducted. There is also a program under SWIFT that WINZ has the figures - but I have never heard of anyone getting this information from WINZ. I may need to search back through my files for the name of the SWIFT print out to request.



Then how come, in my understanding from others, Winz do claw back those allowances? Do you have documentation that could help others?

Gloria


Its my understanding too that winz claims everything back including partners benefit. You have any information saying otherwise ?
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#20 Guest_mini_*

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Posted 06 July 2007 - 11:29 AM

Jack they can get the partners taxable benefit as well. It is in the legislation. If you gathered your entitled w/c from ACC previously, ask youself, 'would your wife have been entitled to a WINZ benefit? If the answer to this question is no, then ACC have the right to require it back your section 252. However if your income is under a certain amount you still maybe entitled to non-taxable disability allowance etc.

Mini
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