Accident Compensation Act 2001

Entitlements and related matters - Weekly compensation

100: Entitlement to weekly compensation depends on claimant's incapacity for employment and vocational independence

You could also call this:

"Getting weekly payments when you can't work due to injury"

If you have cover and make a claim for weekly compensation, you can get it in these situations:

  1. The ACC decides you can't work because of your injury, and you qualify under certain rules.

  2. The ACC decides you can't work because of your injury, and you qualify under a different rule.

  3. The ACC decides you can't do your usual job because of your injury, and you qualify under certain rules.

  4. The ACC decides you can't do your usual job because of your injury, and you qualify under a different rule.

If you're getting weekly compensation because you're a live organ donor, the ACC has to decide if you can't do your usual job because of your donation.

While you're getting weekly compensation:

  • The ACC keeps checking if you can work or do your usual job.
  • The ACC can check at any time if you can work or do your usual job.
  • The ACC also looks at whether you can work in any job that suits you.
  • The ACC can check this at any time.

You might stop getting weekly compensation if the ACC decides you can work or do a job that suits you.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM101453.


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99: First week compensation is salary or wages for certain purposes, or

"First week injury pay counts as regular pay for some legal purposes"


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101: Procedures for determining incapacity for employment and vocational independence, or

"Rules for deciding if you can work or not"

Part 4Entitlements and related matters
Weekly compensation

100Entitlement to weekly compensation depends on claimant's incapacity for employment and vocational independence

  1. A claimant who has cover and who lodges a claim for weekly compensation—

  2. is entitled to receive it if the Corporation determines that the claimant is incapacitated within the meaning of section 103(2) and the claimant is eligible under clause 32, 44, or 44A of Schedule 1 for weekly compensation:
    1. is entitled to receive it if the Corporation determines that the claimant is incapacitated within the meaning of section 103(2) and the claimant is eligible under section 210 for weekly compensation:
      1. is entitled to receive it if the Corporation determines that the claimant is incapacitated within the meaning of section 105(2) and if the claimant is eligible under section 224 or clause 43 of Schedule 1 for weekly compensation:
        1. is entitled to receive it if the Corporation determines that the claimant is incapacitated within the meaning of section 105(2) and if the claimant is eligible under clause 47 of Schedule 1 for weekly compensation.
          1. If a claimant is eligible for weekly compensation under clause 44A of Schedule 1 because of the operation of clause 43 of that schedule, the Corporation must determine whether the claimant is incapacitated within the meaning of section 105(2).

          2. While a claimant is receiving weekly compensation,—

          3. section 103 or section 105, as the case may be, continues to apply to the claimant; and
            1. the Corporation may from time to time determine the claimant's incapacity under section 103 or section 105, as the case may require; and
              1. section 107 also applies to the claimant; and
                1. the Corporation may from time to time determine the claimant's vocational independence under section 107.
                  1. The claimant may lose his or her entitlement to weekly compensation through the operation of sections 103 to 112.

                  Notes
                  • Section 100(1)(a): amended, on , by section 30 of the Compensation for Live Organ Donors Act 2016 (2016 No 96).
                  • Section 100(1A): inserted, on , by section 30 of the Compensation for Live Organ Donors Act 2016 (2016 No 96).