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Accident Compensation Act 2001

Transitional provisions relating to entitlements provided by Corporation (but not under Part 10) - Weekly compensation

365: Weekly compensation under Accident Insurance Act 1998

You could also call this:

"Money for accidents from before 1 April 2002 continues under new rules"

If you were getting weekly money for an accident before 1 April 2002, you might still get it after that date. This is true even though the old law changed. The money you get will be the same amount as before, but it will be worked out using the new law.

You can keep getting this money, but there might be changes to how much you get or if you can still get it. These changes will follow the new law.

There's one special rule: If you're getting weekly money based on very old laws from 1972 or 1982, one part of the new law (clause 42 of Schedule 1) doesn't apply to you.

The amount of money you get each week might have been decided in different ways. It could have been based on how much you earned each week, or it might have been an amount you agreed on, or it might have been continued from an older law.

Remember, the new law decides if you can keep getting the money and how much you get, even though the amount stays the same as it was under the old law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM104174.

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366: Weekly earnings of certain claimants increased, or

"More money for some people hurt before April 2002"

Part 11Transitional provisions relating to entitlements provided by Corporation (but not under Part 10)
Weekly compensation

365Weekly compensation under Accident Insurance Act 1998

  1. This section applies to a person who,—

  2. immediately before 1 April 2002, was entitled to compensation specified in subsection (2); and
    1. on and after 1 April 2002, would have continued to be so entitled had the Accident Insurance Act 1998 not been repealed.

      1. The compensation is weekly compensation—

      2. based on weekly earnings calculated under section 287 or clauses 7 to 22 of Schedule 1 of the Accident Insurance Act 1998; or
        1. paid at an agreed rate under section 302C of that Act; or
          1. continued under section 428 or section 429 of that Act.

            1. On and after 1 April 2002, the compensation under subsection (2) continues to be payable at the rate payable as if it were calculated under this Act.

            2. However, the person's continued eligibility for weekly compensation and adjustments to the rate at which it is paid are subject to this Act.

            3. Despite subclause (4), clause 42 of Schedule 1 does not apply to the person if he or she is receiving weekly compensation calculated under—

            4. the Accident Compensation Act 1972; or
              1. the Accident Compensation Act 1982.