Injured and out of work: ACC weekly compensation vs Jobseeker Support

What ACC weekly compensation is

• It replaces lost income when an injury covered by ACC stops you working. The general rule is 80% of your pre-injury earnings, subject to minimum and maximum amounts set by law each year.
• For the first 4 weeks the calculation uses your average earnings for the month before injury; after that, the year before the injury.
• ACC does not pay for the first week: if your injury happened at work, your employer must pay 80% of your usual pay for that week.
• It's not payable for illness that wasn't caused by an accident (that's where Jobseeker Support with a health condition and Supported Living Payment come in).

How Work and Income treats it

Work and Income's policy treats ACC weekly compensation as income, and for specified benefits $1 of net weekly compensation reduces your net benefit by $1. That applies even if the money is paid to your partner or for dependent children in your care. Ask Work and Income whether your particular benefit is one of those specified benefits.

• If ACC pays you less than a main benefit would, you may be entitled to a top-up; ask for an assessment and tell both agencies about the other payment.
• ACC back-payments can create an overpayment: if ACC pays weeks you were also paid a benefit, Work and Income may recover that from the back-payment. Tell Work and Income as soon as ACC approves a claim.
• Accommodation Supplement and other extra help may still be available.

If you're made redundant while on ACC

• ACC compensation depends on your incapacity, not on keeping your job. Tell your case manager at ACC that your employment has ended.
• If ACC decides you're no longer incapacitated for your pre-injury work, compensation can stop; you may then be eligible for Jobseeker Support. If ACC is considering stopping payments, apply to Work and Income promptly: backdating is only to your first contact date if you complete your application within 20 working days.
• If you disagree with an ACC decision you have a right to review (within a time limit); contact Community Law or the ACC review process.

Practical steps

1. Keep every ACC letter and payment record.
2. Phone Work and Income (0800 559 009) and say you have an ACC claim; ask exactly how it affects each payment you could get.
3. Ask ACC for a statement showing the weekly amount and dates.
4. Check redundancy compensation and final pay rules; see the final pay guide.