Sick man rejected for KiwiSaver cash payout

BY MARTY SHARPE
Last updated 05:00 05/03/2010
Jason Napier
MARTY SHARPE/The Dominion Post
JASON NAPIER: Suffers seizures and cannot work.

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The face of this year's Brain Awareness Week has been blocked from accessing money in his KiwiSaver fund despite a serious illness.

Waipawa man Jason Napier, 24, was a retail manager in Wellington until he had a brain haemorrhage last year. Surgery in July cleared the haemorrhage, but Mr Napier continues to suffer seizures and cannot work or drive.

People who are suffering financial hardship, are seriously or terminally ill, buying their first home, or have moved overseas permanently are permitted to withdraw from their fund.

Mr Napier applied to do so in November, citing financial hardship, and was declined by Tower's KiwiPlan trustee, Trustees Executors Ltd. He then applied to withdraw his fund because of his serious illness.

His application included his medical notes and a letter from his doctor stating he would be unable to work in the foreseeable future.

On Wednesday, he was told this application had also been declined as he needed to show he was permanently unable to work. He has now lodged a complaint with the Office of the Ombudsmen.

"It just doesn't make sense to me. It's my money. I'd like it out now as I'm clearly having trouble getting by and I have debts that need paying," Mr Napier said.

"I just find it odd that my being ill for the foreseeable future does not give me the right to access my own money. It might be that I can work again in, say, 10 years' time. I don't know. That's the nature of my illness."

KiwiSaver expert Johnathan Eriksen told The Dominion Post last night he would be happy to help Mr Napier access his fund.

He said Trustees Executors had been legally correct in declining the application. About a year ago the Government changed legislation so people had to be "totally and permanently" disabled instead of "seriously ill" to access funds.

However, Tower and Trustees Executors could exercise discretion and, based on the facts he knew, Mr Eriksen said: "It sounds like a good case."

The Office of the Ombudsmen had no jurisdiction over KiwiSaver but Mr Napier could take his case to the Government Actuary, he said.

The Neurological Foundation has made Mr Napier this year's ambassador for Brain Awareness Week, from March 15 to 21. He suffers from arteriovenous malformation (AVM), or malformed arteries in part of the brain.

He is on an invalid benefit and has moved to Waipawa, where living costs are lower than in Wellington.

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Most of his benefit is being used to pay back about $6000 of debt he accrued while in work. His KiwiSaver fund contains about $7000, including the $1000 start-up contribution from the Government.

- © Fairfax NZ News

23 comments
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Kelly   #23   01:09 pm Mar 09 2010

I worked at Tower and when I got sick I tried to apply for Income Protection which was granted when I started, with excluisons covered at that time.. when it came for me lodging my application it was declined due to exclusions not being covered! to cut a long story short they suck!

Hayden   #22   09:36 am Mar 08 2010

Sorry to hear about Jasons situation. This could have been avoided by having Income Protection cover in place and then he wouldn't be in this situation.

Neil Smith   #21   09:34 pm Mar 06 2010

So the madness of the crowd encourages people to make decisions about 30-45 years away based on the difficulties one person this week. How sad.

JJ   #20   09:44 am Mar 06 2010

Whilst I think this is unfortunate I think many New Zealander's are missing the point of what KiwiSaver is about. It is a long term savings plan designed for retirement. The savings are purposefully difficult to access and if this is not what someone wants to do, simply don't join. The Government incentives are fantastic, as are the employer contributions. I sincerely hope more education about this scheme is provided to New Zealanders who "just don't get it".

Sherrin Roberts   #19   12:13 am Mar 06 2010

Here's a thought Jason, book a one-way ticket to Sydney and tell them you are leaving N.Z. permanently!!!!!!!!!!!

Kashmir   #18   10:28 pm Mar 05 2010

Actually Andy, it was National who changed the rules there. Not that I'm a fan of Labour - I don't like either of them. Yet another reason not to trust KiwiSaver.

Chelsea   #17   09:16 am Mar 05 2010

One of the reasons I have chosen to opt out for now, I don't like access of my savings to be at the discretion of a stranger. I sincerely hope Jason is successful and that his case may set a positive precedent for the future.

Andi   #16   09:12 am Mar 05 2010

I feel for Mr Napier, my husband has contribute $4K into KiwiSaver, and we were and still are going through finacial hardship, and we proved it to the people running KiwiSaver and we were still declined. We still continue to struggle and my Husband is now a student and we arent getting much in for a family of four and yet we at times even struggle to put food on the table. I think Kiwisaver is a joke and to much power is given to governement/organisations running this over your own money, we will no longer be part of anything scheme like this again. I believe in the principal of this for your retirement but if you prove hardship or anything else, you should be allowed those funds (your own money). Just my opinion.

jen   #15   09:09 am Mar 05 2010

Thats ridiculous it took him three times to try get his OWN money out, when clearly he is sick. Thats why i opted out of Kiwi Saver. Id rather be in control of my own money then have twats like this controling it.

Fee   #14   09:06 am Mar 05 2010

This is why myself and many of my friends and family have not joined kiwisaver but are saving on our own terms! The main reason is TRUST. We have no trust in the system and Jasons current situation is proven evidence to me that the system cannot be trusted. That money is Jason's money, he worked for it! The goverment and suppliers of kiwisaver plans cannot be trusted. All they want is invest that money to satify their own corporate greed! Al the best Jason I hope it works out for you.


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