Wednesday October 17, 2018
Friday, 25 May 2018 13:55

Roller derby mum who ripped off ACC by $82,000 ordered to pay $10,000 back

ACC had sought more than $80,000 in reparations from Hoy. It will get $10,000. ACC had sought more than $80,000 in reparations from Hoy. It will get $10,000. Stuff

A woman who lied to ACC in order to collect $82,000 has been ordered to pay $10,000 back.

Hastings woman Kellie Louisa Mary Hoy, 34, lodged a claim with the Accident Compensation Corporation after injuring both her knees while playing roller derby on October 5, 2014.

Over the next two years she falsely claimed ACC payments on the basis she was caring for three children, when the children were actually living in another part of the country.
Hoy was sentenced in Hastings District Court on Friday after pleading guilty to representative charges of obtaining by deception, dishonestly using a document and using forged documents.
Hoy's lawyer Richard Stone told Judge Tony Adeane that she had been in a relationship in which she had been subjected to "power and control" by her partner and while it was serious offending she should not be jailed.

Crown prosecutor Steve Manning told the judge it was important that a message of deterrence be sent so others would know they could not rip off a government agency in the way Hoy had. He suggested a reparation order of $10,000.

Manning said there was an irony in Hoy claiming she had been in a domestic relationship at the time of the offending as this was a further form of fraud. He said the Crown did not accept Hoy was in a relationship that caused her to offend and noted that the offending continued long after the relationship ended.
"This was significant and sustained dishonesty," he said.

Adeane said Hoy had been "profoundly dishonest" in what was a "protracted fraud" and the taxpayer had been "significantly defrauded".

He said there "had to be a penalty that showed the community's disapproval for offending of this kind".

He noted Hoy had "real prospects of reforming herself" before sentencing her to eight months home detention and 100 hours community work.

He also ordered her to pay ACC reparation of $10,000, which he described as "achievable" while also proving an appropriate measure of accountability.

Hoy's offending began when she told ACC she was unable to complete home and community tasks which included the full time care of her three children.

The corporation accepted her claim and also agreed to provide home and community support services for her children, which she claimed were in her fulltime care.

From December, 2014, Hoy received 61 hours care per week during the school holiday periods and 48.5 hours per week during the school term.

Between January 2015 and March 2016 Hoy presented 14 weekly forms to ACC, signed by her and her carer showing the support services she had received.

In frequent discussions with ACC staff Hoy referred to the needs of her two sons, whom she said lived with her and attended a Hastings primary school.

When the corporation investigated Hoy in 2016 it discovered she did not have parental custody of the boys, and that they had been living with their respective fathers since prior to Hoy's roller derby accident.

Both of the boys' fathers confirmed that they had court ordered parental custody orders of their sons which were obtained prior to Hoy's accident, and both boys were enrolled at schools in Taranaki. They had never attended schools in Hastings.

But they had visited Hoy at her home during the Christmas school holiday period in 2014/2015, and it was during this visit that Hoy arranged for her two "needs based" assessments.

ACC said Hoy did this to support her misrepresentation that they were in her care.

The corporation also discovered that care had not been provided despite Hoy's claims that it had been, and that she had forged the signature of the carer listed on the forms.

During the relevant periods, Hoy personally received $16,631.83 from ACC. The corporation paid a further $65,296.60 to Healthcare NZ to carry out the services at Hoy's house.

ACC had sought the full $81,928.43 in reparation from Hoy.


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