Man with Down syndrome appeals for law change so he can access KiwiSaver funds

Thursday, 13 September 2018

Tim Fairhall appealed to MPs in Parliament for access to his KiwiSaver funds before age 65.

He's represented New Zealand at the Special Olympics, had a speaking part on Shortland Street and now he's campaigning for a KiwiSaver law change.

Auckland's Tim Fairhall, 39, never let living with Down syndrome hold him back.

So when he and his family discovered he wouldn't be able to access his KiwiSaver retirement fund before the age of 65, they knew they had to do something about it.

'For people with Down syndrome, unfortunately the average life expectancy is around 57 years,' said Joan Fairhall, Tim's mother.

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Tim will retire earlier than most people - sometime in his 40s, she said.

He has worked since he was 18 years old and has been on the KiwiSaver scheme for 10 years, she said.

People can access their KiwiSaver funds early when buying their first home, moving overseas permanently, in significant financial hardship or light of serious illness.

'I assumed that there would be some mechanism that would allow him to access that money at the time that he would naturally retire, but it turns out there isn't,' Joan said.

Running out of options, the pair took their cause to Parliament and appeared in front of the select committee on Wednesday.

'I won't live as long as most people,' Tim said.

'[But] it doesn't matter how long you live as long as you make the most of your life.'

He said he wanted to to use his savings to enjoy his retirement and travel overseas to visit his brother in Italy, and his friend in Canada.

'I have done lots of cool things in my life so far and I want to do more.'

Joan said she was 'enormously' proud of her son.

'All we are seeking is a small clause being added to the KiwiSaver legislative framework that allows for some discretion and flexibility in cases like this, [and] we want it as soon as possible please so that Tim and other people like him can actually enjoy the money that they saved,' Fairhall said.

'I'm enormously proud of Tim for being able to say what he's said and been able to represent people like him and make a case for change.'

Committee member, National MP David Carter said the Fairhall family made a compelling presentation, but the current legislation may not the appropriate legislation to solve Tim's problem

He said the officials needed to advise whether there was any mechanism to consider the Fairhalls' petition with the current legislation.

'It may require the Government to look at changing the KiwiSaver legislation. That is a question we need to put the the officials and give them a chance to answer it.'