9:25 am today

Govt moves Bill under urgency to override High Court ruling

From Nine To Noon, 9:25 am today
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The Government is moving quickly to override a court decision that could have wiped large debts for some beneficiaries.

The High Court had recently ruled the debts were being imposed illegally - after a case was taken by an anonymous ACC claimant - known only as Ms B.

Ms B - while waiting for a decision on her ACC claim - was on a benefit and also was eligible for, and received, supplementary benefits including the winter energy payment, accommodation supplement, and a discretionary grant related to disability. 

Under the law claimants are required to pay back the benefits if their ACC claim was accepted and they receive backpay.

However Ms B queried whether the supplementary benefits should be paid back - and the Court agreed that the Ministry of Social Development had been incorrectly requiring these to be paid back - when the law didn't actually allow for it. 

Under urgency on Tuesday night the Social Development Minister Louise Upston introduced a Bill to override the court's judgment. Community Law's Law Reform Coordinator is Rupert O’Brien.