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Accident Compensation Act 2001

Management of the Scheme - Purchase of weekly compensation by self-employed persons

209: Procedure for reaching agreement

You could also call this:

"How the ACC and self-employed people agree on weekly payments after an injury"

The Corporation will talk with you, a self-employed person, about your options for weekly compensation. They'll work out a fair amount based on your income after business costs, the cost of replacing you while you're unable to work, and other important things.

The amount they decide on can't be less than 80% of the weekly earnings mentioned in clause 42(3) of Schedule 1. It also can't be more than the most weekly compensation allowed in clause 46 of Schedule 1.

You and the Corporation will make a written agreement. This agreement will say when you'll start getting the weekly compensation, how long it will last, and how much you'll get. It will also say which parts of Schedule 1 apply to you, how much you need to pay in levies, when you need to pay them, and any other things you both agree on.

Remember, this agreement won't cover any injuries you had before you signed it. If you don't pay your levies on time, the agreement won't work. Also, if you stop being self-employed, the agreement will end.

If you're not happy with what the Corporation decides, you can ask them to look at it again. You need to do this within 3 months of being told about their decision. Part 5 of the Act will apply to this review.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM102811.

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208: Purchase of weekly compensation by self-employed persons, or

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Part 6Management of the Scheme
Purchase of weekly compensation by self-employed persons

209Procedure for reaching agreement

  1. The Corporation must discuss with the self-employed person the options available to the self-employed person and determine a level of weekly compensation that fairly reflects the likely costs of incapacity for the self-employed person having regard to—

  2. an estimate of the person's income, net of business costs; and
    1. an estimate of the cost of any required replacement labour; and
      1. such other matters as may be relevant to the particular case.

        1. The amount determined under subsection (1) must not be—

        2. less than 80% of the amount of weekly earnings specified in clause 42(3) of Schedule 1; or
          1. more than the maximum amount of weekly compensation specified in clause 46 of Schedule 1.

            1. The weekly compensation to be provided by the Corporation under this section must be set out in a written agreement between the Corporation and the self-employed person that includes—

            2. the date on which the right to receive weekly compensation will start, which may be the date on which the agreement is made or any later date; and
              1. the period for which the agreement has effect; and
                1. the details of the weekly compensation to be provided under the agreement; and
                  1. those provisions of Parts 2 and 4 of Schedule 1 that are to apply and those provisions that do not apply; and
                    1. the levy payable and the time at which it becomes payable; and
                      1. any other agreed terms.

                        1. The agreement has no effect in respect of any personal injury suffered before the date the agreement is entered into.

                        2. If the self-employed person fails to pay any levy by the time payment is due under the agreement, the agreement has no effect.

                        3. If the self-employed person ceases to be a self-employed person while the agreement has effect, the agreement ceases to have effect as from the time of that change in status.

                        4. Any person who is dissatisfied with a determination of the Corporation under subsection (1) may seek a review by the Corporation of that determination within 3 months after the person is notified of the determination, and Part 5 applies with any necessary modifications.