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Accident Compensation Act 2001

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

366: Weekly earnings of certain claimants increased

You could also call this:

"More money for some people hurt before April 2002"

If you were injured before 1 April 2002, this law might increase your weekly payments. This applies to you if:

You were getting payments for lost potential earnings, or

You weren't getting payments based on old laws, and you earned less than a set minimum amount. Also, before you were hurt, you were either working full-time or paying a minimum yearly fee.

If this applies to you, the law says you should be treated as if you were earning at least the minimum amount set by the government. This minimum amount is used to figure out how much you should get paid each week for your lost earnings.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM104175.

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365: Weekly compensation under Accident Insurance Act 1998, or

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

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"How your compensation is worked out if you have more than one job and get hurt"

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

366Weekly earnings of certain claimants increased

  1. This section applies to a claimant who, immediately before 1 April 2002,—

  2. is entitled to weekly compensation for loss of potential earning capacity under clause 22 of Schedule 1 of the Accident Insurance Act 1998 or section 46 of the Accident Rehabilitation and Compensation Insurance Act 1992; or
    1. was not receiving weekly compensation calculated under the Accident Compensation Act 1972 or the Accident Compensation Act 1982, and had weekly earnings less than the minimum weekly earnings determined under clause 42(3) of Schedule 1, and was, immediately before his or her incapacity commenced,—
      1. in full-time employment; or
        1. liable to pay the minimum annual earner premium.

        2. For the purpose of calculating weekly compensation for loss of earnings payable to the claimant, the claimant is deemed to have had, immediately before 1 April 2002, the minimum weekly earnings as determined, at the commencement of this Act, under clause 42(3) of Schedule 1.

        Notes
        • Section 366(1)(b): amended, on , by section 31 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).