Section 252 — Injury Prevention, Rehabilitation, and Compensation Act 2001: Relationship with social security benefits: reimbursement by Corporation

252 Relationship with social security benefits: reimbursement by Corporation (1) This section applies if a person— (a) receives a payment of an income-tested benefit under the Social Security Act 1964 in respect of a period; and (b) establishes a claim to an entitlement from the Corporation in respect of all or part of the same period. (2) An excess benefit payment is regarded as having been paid in respect of that entitlement. (3) An excess benefit payment is the part of the benefit payment (up to the amount of the entitlement) that is in excess of the amount of benefit properly payable, having regard to the entitlement under this Act. (4) The Corporation must refund the excess benefit payment to the department responsible for the administration of the Social Security Act 1964 — (a) if the Corporation knows that this section applies; or (b) if requested to do so by that department. (5) For the purposes of this section, an excess benefit payment includes a payment of any part of a married rate of benefit that is paid to the spouse or partner of the person who established the claim to the benefit. (6) Any amount that is treated under this section as having been paid in respect of any treatment, service, rehabilitation, related transport, compensation, grant, or allowance is deemed for all purposes to have been so paid. Compare: 1998 No 114 s 373 Subsection (5) was amended, as from 26 April 2005, by section 8(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act 2005 (2005 No 12) by inserting the words “ or partner ” after the word “ spouse ” .