Plain language law

New Zealand law explained for everyone

Accident Compensation Act 2001

Management of the Scheme - Purchase of weekly compensation for periods outside employment

223: Persons eligible to purchase weekly compensation

You could also call this:

"Who can buy weekly payments for injuries not normally covered"

You can ask to buy weekly compensation from the Accident Compensation Corporation (ACC) for times when you wouldn't normally get it. This is for people who are or have been earners. You need to apply while you're still working or within a month after you stop working. You also need to pay a fee when asked.

When you apply, you need to say when you want the compensation to start, how long you want it for (up to 2 years), and how much you want to be counted as your earnings. The amount can't be more than what you'd normally earn in a week.

Your application only covers injuries that happen after you apply. If your cover period ends and you haven't gone back to work, you can ask to renew it.

If you're on parental leave or have applied for it, you're treated as if you're still working. The same goes for people who are getting payments for being live organ donors. In these cases, your weekly earnings are worked out as if you got injured before your leave or donation period started.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM102844.

Topics:
Health and wellbeing > Healthcare servicesWork and jobs > Worker rights
Previous

222: Payment of Earners' Account levy by self-employed persons, or

"Self-employed people pay special fees to help cover accident costs"

Next

224: Compensation for persons who purchase weekly compensation, or

"Money for people who buy weekly payments from ACC if they get hurt and can't work"

Part 6Management of the Scheme
Purchase of weekly compensation for periods outside employment

223Persons eligible to purchase weekly compensation

  1. A person who is or has been an earner and is a person described in subsection (2) may apply to purchase from the Corporation the right to receive weekly compensation in respect of a period for which the person would not otherwise be entitled to receive weekly compensation.

  2. The application may be made only by a person who—

  3. makes the application while still in employment or within 1 month after ceasing employment; and
    1. pays the levy when required to do so.

      1. The application must specify—

      2. the date on which the right to receive weekly compensation will start, which may be the date on which the application is made or any later date; and
        1. the period for which the application is applicable, which may not be more than 2 years; and
          1. an amount that is to be regarded as the earnings of the person for the purpose of the application, which may not exceed the weekly earnings of the person calculated under Schedule 1 as if—
            1. the person were in permanent employment; and
              1. the person had an incapacity that commenced on the last full day of the employment referred to in subsection (2)(a) and that resulted from a personal injury for which he or she had cover; and
                1. the weekly earnings were to be calculated for a period of incapacity after the first 5 weeks of incapacity; and
                  1. the person would have continued to derive earnings from that employment but for that incapacity.

                  2. The application has no effect in respect of any personal injury suffered before the application is made.

                  3. A person who has cover under this section for any period is entitled to renew his or her cover if he or she does not return to work before that cover period expires.

                  4. A person who is on parental leave within the meaning of the Parental Leave and Employment Protection Act 1987, or who has had an application for parental leave approved under that Act, is regarded as being still in employment for the purposes of subsection (2) and, for the purposes of subsection (3)(c), the person’s weekly earnings are to be calculated as if the period of incapacity was before the commencement of the person’s parental leave.

                  5. A person who is within a payment period under the Compensation for Live Organ Donors Act 2016 (or who is within 1 month of that period ceasing and not otherwise in employment) is regarded as being still in employment for the purposes of subsection (2) and, for the purposes of subsection (3)(c), the person’s weekly earnings are to be calculated as if the period of incapacity was before the commencement of the payment period.

                  Notes
                  • Section 223(2): substituted, on , by section 38 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
                  • Section 223(3)(b): amended, on , by section 24(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
                  • Section 223(3)(c)(i): amended, on , by section 34 of the Accident Compensation Amendment Act 2010 (2010 No 1).
                  • Section 223(3)(c)(ii): substituted, on , by section 24(3) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
                  • Section 223(3)(c)(iia): inserted, on , by section 24(3) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
                  • Section 223(6): substituted, on , by section 24(4) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).
                  • Section 223(7): inserted, on , by section 30 of the Compensation for Live Organ Donors Act 2016 (2016 No 96).