Administered by
Improvements to redress for abuse in state care
The Government has announced changes to the existing redress processes currently handled by the Ministry of Social Development, Oranga Tamariki, Ministry of Education and the Ministry of Health.
Find out about the Government’s overall response to the Abuse in Care Royal Commission on the Crown Response website external.
The changes include a 50 per cent increase in the average payment for survivors of abuse in state care, and top-up payments for those who have previously received payment for such abuse using a simple process that does not require reassessment of their claim.
Survivors with closed claims with the Ministry of Health will receive more to bring their payment in line with other redress agencies. This is explained in more detail below under the heading ‘How top-up payments will be calculated’.
Who can receive a top-up payment
Any living survivor with a closed claim who received a payment from the Ministry of Social Development, the Ministry of Education, Oranga Tamariki, the Ministry of Health and/or the Crown Health Financing Agency can register for a top-up.
How to register for a top-up payment
Registering for a top-up is easy and should only take a few minutes. All you need to do is complete this online form external. You will need to provide your contact details and let us know the agency/agencies from which you received payment(s). If you cannot recall who made your payment that is also okay. You can still register online. If someone can’t access the webpage easily, they can ring 0800 TOP UPS (0800 867 877) between 8am and 5pm, Monday to Friday and register there; however we are expecting high demand, so there may be wait times if people ring.
How top-up payments will be calculated
The Government has agreed a process to help make payments more consistent between past and future claimants.
This will enable timely processing of top-up payments applications without adding to the backlog of claims waiting to be assessed.
A two-step approach to adjusting settlement payments and calculating top-up payments will be used to ensure an average payment of approximately $30,000 across the redress agencies.
Step one (applies to Ministry of Health and Crown Health Financing Agency claims only): is to lift the payments made by these agencies to a level that is broadly comparable to other redress agencies. The table below outlines the adjustments that will be made by payment category.
Ministry of Health
| Category | Current payment level | Step one: Adjusted settlement payment to align with MSD, MOE, and Oranga Tamariki |
|---|---|---|
| 1 | $9,000 | $25,000 |
| 2 | $6,000 | $20,000 |
| 3 | $4,000 | $10,000 |
| 4 | $2,000 | $6,000 |
Crown Health Financing Agency
| Category | Current payment level | Step one: Adjusted settlement payment to align with MSD, MOE, and Oranga Tamariki |
|---|---|---|
| CHFA 1 | $18,000 | $25,000 |
| CHFA 2 | $12,000 | $20,000 |
| CHFA 3 | $8,000 | $16,000 |
| CHFA 4 | $6,000 | $12,000 |
| CHFA 5 | $4,000 | $10,000 |
| CHFA 6 | $2,500 | $5,000 |
Step two: a survivor who previously received a payment will have their payment adjusted to align with the new settlement payment average. This will be done by applying a 50 per cent increase to each individual’s settlement amount.
What payments will be considered when determining a top-up payment?
Top-up payments will be calculated on payments survivors have received for abuse in State care through redress agencies’ alternative dispute resolution processes. This means that the following payments will not be considered when determining a person’s top-up payment
- payments arising from the outcome of a Court decision addressing their abuse in state care experience;
- payments for matters that are not directly related to their abuse in state care experience (e.g. ex-gratia payments for service failures in the processing of a claim or settlement payments to recognise a potential privacy breach associated with the processing of the claim);
- nominal payments which are not reflective of a survivor’s claim and were not calculated in line with agency assessment processes that were operating at the time (e.g. individuals who may have received a ‘wellness payment’ by MSD or those that withdrew from the Crown Health Financing Agency litigation but received a nominal $2,500 payment);
- ex-gratia payments for service failures made through Oranga Tamariki's complaint process;
- settlement payments made through MOE’s prioritised payment policy as the payment policy is based on compassionate grounds on the premise that the claimant has less than 12 months to live and may not live to see their claim settled. This is because this process does not rely on records or research to underpin a settlement offer;
- payments made for claims relating to the Lake Alice Child and Adolescent Unit;
If you received multiple payments, a top-up payment of 50 per cent will be applied on the total combined payment. This includes situations where a survivor may have received separate payments from different redress agencies.
Legal costs
If the top-up is to a full and final settlement payment, Crown redress agencies are unable to contribute to legal fees or legal aid debt incurred while applying for a top-up.
More information about the top-up payment process and who can apply can be found on our frequently asked questions page.