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Otago Daily Times
January 10, 2002
Calls
from abuse victims flood ACC
NZPA
Staff correspondent
Wellington: The
Accident Compensation Corporation (ACC) has been flooded by calls from past
sex abuse victims wrongly believing they can get lump sum compensation
pay-outs.
More than 2000 people have called ACC since a Christchurch law firm sent out
a million leaflets nationwide offering to help abuse victims get compensation
pay-outs.
An ACC spokeswoman said the leaflet was "misleading the public" and
"upsetting some people" because it stirred up bad memories.
Incorrect media reports that victims who lodged a claim after April 1 for
previous abuse could get a $25,000 payment had compounded the problem.
The new Injury Prevention, Rehabilitation and Compensation Bill, which begins
on that date, says a person who suffers mental injury "is not entitled
to lump sum compensation . . . if the act last occurred before April 1".
The date is the marker for compensation, not when the claim is lodged.
However, someone who was sexually abused before that date could qualify for
an independence allowance if they could show their life was impaired more
than 10% by the abuse.
This allowance could be backdated to create a larger lump payment, but none
of these entitlements were changed by the new law.
One senior ACC official said it was "predatory" for a lawyer to
claim a 25% fee for such work when the claim would be lodged and assessed by
independent counsellors and ACC.
That publicity over ACC entitlements might encourage false claims is also
causing worries about a budget blow-out.
ACC has no way of weeding out those who are trying to make some money because
of the publicity from the leaflet and those who are genuine until at least
part of the claims process is completed.
Law firm spokesman Garry Wakefield said thousands of abuse victims did not
receive their entitlements .
"I do not accept that the ACC go out and proactively advise people of
their entitlement. Quite clearly there is evidence they don't," he said
yesterday.
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