ACC Death Benefits NZ

If your partner or parent died in an accident, you may be entitled to substantially more financial support than a non-accidental death — and from a completely different source. ACC's survivor benefits are significantly more generous than Work and Income, and most families don't know they exist or how to claim them.

When ACC Applies

ACC only covers accidental deaths. The definition is broader than people assume. ACC applies to:

• Motor vehicle accidents — any crash on a public road, including as a passenger or pedestrian
• Workplace accidents — any work-related accident, including travel to or from work in some circumstances
• Medical misadventure — treatment injuries where something went wrong during medical care
• Homicide — deaths caused by another person's criminal act
• Accidental falls, drownings, and other physical accidents — any unexpected, unintended event causing physical harm that leads to death

ACC does not cover:

• Deaths from illness or disease (even if work-related, unless an occupational disease is specifically listed)
• Suicide (in most circumstances)
• Self-inflicted injuries
• Deaths from natural causes

If you're not certain whether the death qualifies as an accident, contact ACC directly or speak to a lawyer. The distinction between "medical misadventure" and "medical negligence" and "natural disease progression" can be contested — don't assume the answer.

ACC vs Work and Income: Why It Matters

The difference is stark. If the death was accidental, ACC's benefits are far more generous and there's no asset testing. If the death was from illness, you fall back on Work and Income, where benefits are smaller and means-tested.

If the death was accidental, applying to ACC should be your first step before WINZ.

The Four Main ACC Death Benefits

1. Funeral Grant

ACC pays $7,990.30 towards funeral costs. This is a flat payment — you don't need to prove your costs exceed this amount, but you also won't receive more than this from ACC regardless of what the funeral costs.

To claim: submit receipts or invoices from the funeral provider. ACC will pay the amount directly to whoever paid the funeral costs (typically the funeral home or the person who organized the funeral).

2. Survivor's Grant

This is a one-time lump sum paid to close family members:

• Spouse or partner: $8,566.62
• Each dependent child: $4,283.32

The survivor's grant is paid in addition to the funeral grant and in addition to any ongoing weekly compensation. It's designed to cover immediate costs — the period right after death when income has stopped but expenses haven't.

3. Weekly Compensation

This is ACC's most significant ongoing payment. It replaces the deceased's lost income at 80% of their pre-injury earnings, subject to a maximum. The 80% is divided as follows:

• Spouse or partner: 60% of the deceased's earnings (i.e., 60/80ths of the compensation)
• Each dependent child: 20% of the deceased's earnings

The spouse rate is paid weekly directly to the surviving spouse. The child rate is paid until the child turns 18 (or 21 if in full-time education).

The calculation is based on the deceased's earnings for the 52 weeks before death, or their customary earnings. If they were self-employed or had variable income, ACC will calculate an average.

Weekly compensation can be paid for up to five years for a surviving spouse (reduced after 24 months if you're not caring for dependent children). Children receive compensation until the age thresholds above.

Critically, a surviving spouse can receive ACC weekly compensation and NZ Super simultaneously for up to 24 months, if they're of superannuation age. After 24 months, ACC is reduced.

4. Childcare Payments

If the deceased was the primary caregiver, or if the surviving parent needs to return to work, ACC pays $182.17 per child per week towards childcare costs.

This is particularly valuable in the early years after death when childcare bills are high and income may be reduced. Claim it — many families don't know it exists.

How to Make an ACC Claim

1. File the claim as soon as possible. There's no strict deadline, but delays complicate evidence gathering.
2. Notify ACC by calling 0800 101 996 or visiting acc.co.nz. Explain that the death was accidental and you want to make a survivor claim.
3. ACC will send forms — a survivor claim form and supporting documentation requests.
4. Gather documentation: death certificate, evidence of the accident (police report, hospital records, coroner's report if relevant), marriage or relationship certificate, children's birth certificates, evidence of the deceased's earnings (tax returns, payslips).
5. ACC assesses the claim. For straightforward motor vehicle or workplace accidents, decisions often come within a few weeks. Complex cases (medical misadventure, disputed accident cause) take longer.

Workplace Deaths

If the death was work-related, the employer's WorkSafe obligations and ACC's responsibilities operate in parallel. WorkSafe NZ investigates workplace fatalities independently of ACC — ACC processes the survivor benefits regardless of any WorkSafe investigation outcome.

You can receive ACC benefits while a WorkSafe investigation is ongoing. Don't wait for WorkSafe to conclude before filing an ACC claim.

Motor Vehicle Deaths

Motor vehicle deaths are covered by ACC through the Motor Vehicle Account — the ACC levy component included in vehicle licensing fees. This means ACC coverage applies even if the driver was uninsured or the at-fault driver was uninsured. The key is that the death was caused by a motor vehicle on a public road.

Disputing an ACC Decision

If ACC declines your claim or you disagree with the compensation calculation, you have the right to have the decision reviewed. The process:

1. Request a review within 3 months of the decision
2. ACC review officer considers the case
3. If still declined, you can appeal to the District Court
4. Further appeals go to the High Court on points of law

Many ACC declines are overturned on review, particularly where medical misadventure is the cause. Getting legal advice or using an ACC advocate at this stage is worth considering — it's free to request a review.

The Full Picture

ACC is one part of the financial entitlements available after a death. Whether the death was accidental or not, there may also be KiwiSaver death benefits, estate entitlements, and Work and Income survivor payments to navigate. The NZ Survivor Benefits guide covers all of these in a single clear reference, so you're not piecing together information from multiple government websites during an already difficult time.

See more New Zealand guides →