Accident Compensation Act 2001

Entitlements and related matters - Incapacity for employment

104: Effect of determination under section 103 on entitlement to weekly compensation

You could also call this:

"What happens to your weekly payments if ACC decides you can work"

If the Accident Compensation Corporation (ACC) decides that you are not unable to work, there are some important things you need to know. If you are currently getting weekly payments because you can't work, these payments will stop right away. The ACC won't be able to look at your case again to see if you're unable to work for this specific injury. If you're not getting weekly payments yet, you won't be able to start getting them. This is all about making sure that people only get payments when they really can't work because of their injury.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM101461.


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103: Corporation to determine incapacity of claimant who, at time of personal injury, was earner, on unpaid parental leave, or recuperating organ donor, or

"ACC decides if you can work after getting hurt while employed, on parental leave, or donating an organ"


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105: Corporation to determine incapacity of certain claimants who, at time of incapacity, had ceased to be in employment, were potential earners, or had purchased weekly compensation under section 223, or

"ACC decides if certain people can't work due to injury"

Part 4Entitlements and related matters
Incapacity for employment

104Effect of determination under section 103 on entitlement to weekly compensation

  1. If the Corporation determines under section 103(2) that the claimant is not incapacitated for employment—

  2. a claimant who is receiving weekly compensation for loss of earnings from employment—
    1. loses that entitlement immediately; and
      1. cannot be subject to a determination under section 107 in respect of that incapacity:
      2. a claimant who is not receiving weekly compensation for loss of earnings from employment is not entitled to begin receiving it.