Abuse survivor’s ACC fight
■ No backpay for sensitive claim ■ Law change petition launched
Invercargill man David Simpson says the sexual abuse by his alcoholic mother started when he was 6 years old.
It went on for four years, until he was sent to boarding school, and he says it is partly to blame for his post-traumatic stress disorder, addictions and years of gang life and jail stints.
In 1997, Simpson, then in his early 40s, visited his GP, who referred him to a sexual abuse councillor.
At the time, a sensitive claims case was lodged with ACC.
Simpson said he began to turn his life around, got married and blocked out the abuse. It wasn’t until last year, when he was contacting ACC about another matter, that he was reminded about the sensitive claim.
However, despite it having been lodged in 1997, Simpson says he cannot be backpaid the allowance for sexual abuse victims because of a change in the Accident Compensation Act in 2001.
It appears the sensitive claim may not have been lodged correctly and Simpson feels let down by the system.
Simpson, 62, said he had not been provided with the information he needed in 1997 – or at any time earlier when he was in jail or attending rehabilitation clinics – to what he was entitled to as a sexual abuse victim.
He believes he should be backpaid to when it was confirmed in 1997 that he had post-traumatic stress disorder from the abuse.
‘‘I’m the victim, yet I feel like all these government institutions hide behind laws,’’ he said.
‘‘I’m the victim, yet I feel like all these government institutions hide behind laws. Money doesn’t give you closure, but that would have been some closure. I’ve got no closure.’’ David Simpson
‘‘Money doesn’t give you closure, but that would have been some closure. I’ve got no closure.’’
An ACC spokesperson said the Crown entity offered fully funded support and treatment for people who have experienced sexual violence. Under ACC’s integrated services for sensitive claims, survivors of sexual violence or abuse can access up to 14 hours of one-on-one therapy, 10 hours of social work, and up to 20 hours of family/wha¯nau support without having their claim assessed for cover.
‘‘If someone’s injury has caused them permanent impairment, ACC may be able to help with a lump-sum payment or an independence allowance.
‘‘For injuries that occurred from 1 April, 2002, onwards, it’s usually possible to receive a oneoff lump sum. For injuries that occurred prior to this date, it’s an ongoing independence allowance that applies. This is a quarterly [13-weekly] payment backdated to the date of lodgement or 1 July, 1992 – whichever is the later,’’ the spokesperson said.
‘‘The Accident Rehabilitation and Compensation Insurance Act 1992 was the first legislation providing for an independence allowance and this is why the earliest a claim could be backdated to is 1 July, 1992.
‘‘A lump-sum payment and independent allowance cannot be received for the same injury.’’
Simpson said he had been only offered a backpayment to 2018.
He has launched a petition for the Government to remove the clause relating to the allowance in the compensation act.
‘‘Why should they [victims] be punished?’’
His petition has led to him being asked to present to the education and workforce parliamentary select committee about his case and the wider implications of the clause.