How to Claim ACC and WINZ Benefits After a Death in New Zealand Without a Lawyer

You do not need a lawyer to claim ACC or WINZ survivor benefits after a death in New Zealand. Both systems use published forms with documented eligibility criteria — no court appearance, no legal proceeding, no practising certificate required. What you do need is to know which agency to contact first, because the wrong routing decision in the first 48 hours can cost your family over $5,000. If the death was caused by an accident, ACC is your primary agency. If not, WINZ handles the funeral grant. This guide walks through both pathways step by step.

The First Decision: ACC or WINZ?

This is the single most consequential decision you'll make in the first 48 hours, and no government website explains it clearly.

ACC covers deaths caused by accidents. This includes motor vehicle crashes, workplace incidents, falls, drowning, medical misadventure, and homicide. If the death falls under ACC's jurisdiction:

• Funeral grant: up to $7,990.30 — no income or asset testing whatsoever
• Survivor's grant: $8,566.62 for a spouse, $4,283.32 per child — lump sum, no means test
• Weekly compensation: up to 80% of the deceased's pre-injury earnings, payable for up to five years
• Childcare payments: $182.17/week for one child, $218.60 for two, $255.03 for three or more — payable for five years or until the child turns 14

WINZ covers deaths from natural causes, illness, or other non-accidental causes. Their benefits are substantially smaller and heavily means-tested:

• Funeral grant: maximum $2,697.43 — Work and Income applies the Schedule 5 income and asset rules under the Social Security Act 2018. For a partner or child's death, the first $2,351.46 of the applicant's assets is excluded; the deceased's assets and any remaining assessable assets are considered against reasonable funeral costs.
• No survivor's grant equivalent — WINZ does not offer a lump-sum payment comparable to ACC's $8,566.62
• Sole Parent Support: available if you have dependent children, but income-tested and requires a separate application

The gap between these two pathways is enormous. A family that routes an accidental death through WINZ instead of ACC forfeits over $5,000 in funeral grant difference alone, plus the survivor's grant and weekly compensation they were entitled to. And if WINZ pays a funeral grant that ACC should have covered, the WINZ grant may be recalled.

Step-by-Step: Claiming ACC Death Benefits

If the death was caused by an accident, here's the process:

Step 1: Get the death classified as ACC-covered. The coroner or medical professional who certifies the death will indicate the cause. If there's any ambiguity (e.g., a fall that occurred during a medical episode), file with ACC first and let them determine coverage. It's better to have ACC decline and redirect you to WINZ than to go to WINZ and miss ACC entirely.

Step 2: Ask ACC to lodge the accidental-death notice (ACC21). You need:

• Certified copy of the death certificate (order from Births, Deaths and Marriages — $35 per copy; order at least three certified copies because every agency requires one)
• Proof of your relationship to the deceased (marriage certificate, civil union certificate, or evidence of de facto relationship)
• The deceased's IRD number
• Evidence of the deceased's earnings (payslips, employment contract, or IR3 tax return for self-employed)

Step 3: Apply for the funeral grant separately. The funeral grant (up to $7,990.30) and the survivor's grant ($8,566.62) are separate applications. File both simultaneously. The funeral grant is paid to the estate or person responsible for the funeral costs; ask ACC about payment arrangements if you cannot front the cost.

Step 4: Apply for weekly compensation and childcare payments. If you have dependent children or were financially dependent on the deceased, file for ongoing weekly compensation. ACC calculates this based on the deceased's earnings — up to 80% of their weekly income. Childcare payments are additional and apply if children are under 14.

No lawyer is needed for any of these steps. ACC processes claims administratively. If a claim is declined, the first appeal is an internal ACC review — still no lawyer required. Only if the internal review fails and you escalate to the District Court does legal representation become advisable.

Step-by-Step: Claiming the WINZ Funeral Grant

If the death was from natural causes:

Step 1: Determine whether you pass the asset test. This is where most families give up, because the form language is intimidating. Under Schedule 5 of the Social Security Act 2018, WINZ considers the applicant's and deceased person's assessable assets against reasonable funeral costs. When the deceased was the applicant's partner or child, the first $2,351.46 of the applicant's assets is excluded; the deceased person's assets and any remaining assessable assets can still be considered.

Key clarifications that the form doesn't explain:

• Life insurance proceeds and retirement-fund or KiwiSaver proceeds may be relevant to the assessment; ask Work and Income how an unpaid policy or unreleased balance will be treated
• A shared family vehicle is generally not counted as a cash asset
• The family home is generally non-assessable in the relevant family circumstances

Step 2: Complete the funeral grant application. Work and Income provides the application form through their website or any local office. You need:

• Certified copy of the death certificate
• Proof of the deceased's and your own income and assets
• A quote or invoice from the funeral director

Step 3: Submit promptly and follow up. Ask Work and Income whether urgent handling is available for your circumstances and how payment will be arranged if you meet the criteria.

What Happens When Both ACC and WINZ Might Apply

Some deaths fall into a grey area. A person with a terminal illness who falls and the fall accelerates their death. A drowning that occurred during a medical episode. In these situations:

Always file with ACC first. Here's why:

• ACC's funeral grant ($7,990.30) is nearly three times larger than WINZ's ($2,697.43)
• ACC has no asset testing — your financial situation is irrelevant
• If ACC declines coverage, you can then apply to WINZ without penalty
• If you apply to WINZ first and ACC later determines the death was accidental, WINZ may recall their grant

The worst-case scenario of filing with ACC first is a short delay while they assess coverage. The worst-case scenario of filing with WINZ first is losing thousands of dollars in entitlements.

Beyond ACC and WINZ: The Other Four Agencies

ACC and WINZ are the most urgent, but four other agencies have entitlements or obligations that kick in after a death:

NZ Super (Ministry of Social Development): Continuation of the deceased's NZ Super payments is limited to 28 days if formally requested. The surviving spouse must actively request the transition to the Single Living Alone rate ($1,110.30 per fortnight) — it does not happen automatically. Any payments made after the 28-day window become a Crown debt.

Veterans' Affairs: If the deceased had qualifying military service, the survivor's grant is $33,315.48 for a spouse and $13,326.20 per child. Claim the surviving-spouse pension within six months for backdating to the day after death.

IRD (Inland Revenue): The executor must apply for a separate estate IRD number (form IR596) and file two tax returns — the final personal return (IR3) and the estate trust return (IR6).

LINZ (Land Information NZ): Joint tenancy property transfers via Transmission by Survivorship cost $122 and don't require probate. Sole ownership requires the appropriate High Court grant first.

None of these agencies references the others. None explains how their rules interact. The New Zealand Survivor Benefits Navigator maps all six agencies into a single sequenced workflow — which to contact first, which forms to file, which deadlines matter, and where applying to the wrong programme first costs real money.

Who This Is For

• Any New Zealand resident who has just lost a spouse, partner, or parent and needs to claim survivor benefits without hiring a solicitor
• Families dealing with an accidental death who need to route through ACC before WINZ to maximise entitlements
• Low-income families navigating the WINZ funeral grant asset test who need the Schedule 5 language translated from legalese
• Executors who need to coordinate claims across multiple agencies within strict deadlines (the 28-day NZ Super continuation period, 6 months for Veterans' Affairs)

Who This Is NOT For

• Families where the estate itself is contested — benefit claims are separate from estate disputes, but a contested will needs legal representation
• Situations where ACC has declined a claim and you're escalating to the District Court — that stage benefits from a lawyer
• People who prefer to pay a professional to handle all claims on their behalf

Frequently Asked Questions

Can ACC decline a claim and then I apply to WINZ instead?

Yes. If ACC determines the death doesn't fall under their coverage (not accident-related), you can apply to WINZ for the funeral grant without penalty. Filing with ACC first never disqualifies you from WINZ. Filing with WINZ first, however, can create complications if ACC later determines they should have covered the death.

How long does it take to receive the ACC survivor's grant?

ACC processing time varies once all documentation is submitted. The funeral grant is paid to the estate or person responsible for the funeral costs. The survivor's lump-sum grant ($8,566.62) is paid to the eligible claimant.

Do I need a Justice of the Peace for any of these claims?

For ACC and WINZ claims, obtain the death certificate from Births, Deaths and Marriages and check whether the agency requires a certified copy. You don't need a JP for the actual benefit applications. You do need a JP (or solicitor) to swear a statutory declaration if you're releasing KiwiSaver funds up to the $40,000 threshold without probate.

What if I'm not sure whether the death was accidental?

File with ACC and let them make the determination. ACC has clear internal criteria for what constitutes an "accident" under the Accident Compensation Act 2001. If they decline, they'll tell you why, and you pivot to WINZ. The cost of filing with ACC when unsure is a few days' delay. The cost of skipping ACC when the death was accidental is over $5,000 in lost entitlements.

Can I claim from both ACC and WINZ simultaneously?

Not for the same benefit. You can't receive both the ACC funeral grant and the WINZ funeral grant — it's one or the other based on the cause of death. However, you can receive ACC weekly compensation alongside NZ Super for up to 24 months after an accidental death, which is a recent legislative change that few families know about.

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