In such cases, the ministry can require clients it has assisted during the period covered by the ACC back-payment to repay the MSD supplement. In some instances, the beneficiary is unable to repay the supplement and is left with a large debt.
Recently, the High Court ruled that MSD was wrong to seek repayments, but the Government disagreed and has introduced legislation to reverse the court decision.
Shannon Soughtton, MSD group general manager of service improvement and delivery, said the Government was updating legislation to bring it in line with current practice and the intention of a long-standing policy.
Officials had briefed political parties on the potential impact of the changes. Soughtton said the 40,000 figure was the most up-to-date available and represented “the number of clients whose debt we would have had to consider retrospectively reviewing if these changes had not been made”.
There was no other impact on their current situation with MSD, she said.
MSD says the changes won’t have any impact on redress payments to survivors of abuse in care.
It also won’t affect any top-up payments they may have received as a result of abuse in care.
Survivors left ‘worse off’
Rupert O’Brien, law reform co-ordinator for Community Law Centres Aotearoa, said a portion of the 40,000 people expected to be impacted were survivors of abuse in state care.
In 2024, a landmark royal commission inquiry revealed “unimaginable” and widespread abuse in state care and faith-based institutions between 1950 and 2019. About 200,000 people were abused, and many more were neglected, with Māori disproportionately affected and subjected to overt and targeted racism.
“Survivors will be worse off now and, going forward, they have had money taken from them and debt created unlawfully, and this is being validated by the legislation,” O’Brien said.
Social Development and Employment Minister Louise Upston said people who received welfare assistance while waiting for ACC decisions, and then received an ACC lump sum, were being “treated more generously” than others.
“They are in effect receiving two forms of income support to address one need.”
Upston said these clients could remain eligible for assistance that only beneficiaries received, such as the winter energy payment.
“This would not result in fair treatment between these groups and isn’t in line with the policy intent.”
She confirmed that the compensation payments to abuse-in-care survivors were not affected by the debt law change.
Green MP Ricardo Menéndez March urged the Government to honour the High Court ruling instead of imposing debt on beneficiaries.
“People on the benefit receiving supplementary assistance are often living in hardship and, if they are waiting for an ACC claim, they would have faced an injury or trauma.
“The Government is moving with urgency to legalise slapping beneficiaries with debt because they know what they did was wrong and are worried tens of thousands of people would be seeking to recover these unlawful debts.”
He said the Greens would campaign in the lead-up to the November general election on introducing a guaranteed minimum income and overhauling ACC.
Julia Gabel is a Wellington-based political reporter. She joined the Herald in 2020 and has most recently focused on data journalism.
