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Accident Compensation Act 2001

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

368: Weekly payments for permanent incapacity under 1972 and 1982 Acts

You could also call this:

"Rules for weekly payments to people hurt badly in old accidents"

This law talks about how much money you might get each week if you were badly hurt in an accident a long time ago. It's for people who were getting payments before 1 April 2002 because of injuries that happened even earlier.

If you were getting these payments and you're still getting them now, there are some special rules for you. If your injury gets worse or you get another injury that makes you lose money from work, you might be able to get more money each week.

The amount you get will be the bigger of two choices: either the new way of figuring out how much you should get, or the old way you were already getting paid.

But there's a catch. You can only get this money if someone looked at your injury before 1 October 1992 and decided how much you should get. Or, if they looked at it after that date, it's only okay if you asked them to check their decision before 1 October 1992.

Remember, this law is about making sure people who were hurt a long time ago still get the help they need, even though the rules have changed since then.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM104178.

Topics:
Health and wellbeing > Healthcare services
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367: Multiple employment, or

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

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369: Cessation of weekly compensation under any former Act because of capacity for work, or

"Stopping old payment plans when you can work again"

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

368Weekly payments for permanent incapacity under 1972 and 1982 Acts

  1. Section 369 and clause 51 of Schedule 1 do not apply to any payment calculated under section 114 of the Accident Compensation Act 1972 or section 60 of the Accident Compensation Act 1982.

  2. Subsection (3) applies to a person who—

  3. was receiving a payment under section 114 of the Accident Compensation Act 1972 or section 60 of the Accident Compensation Act 1982 immediately before 1 April 2002; and
    1. continues to receive it after that date under section 365(3); and
      1. suffers a deterioration of his or her condition caused by the personal injury or another personal injury covered by this Act that results in loss of earnings.

        1. The weekly payment payable to the person is the greater of—

        2. the weekly compensation calculated under Part 2 of Schedule 1; or
          1. the weekly amount payable under section 365(3).

            1. No compensation is payable under this section or section 365 unless—

            2. an assessment of compensation has been made under section 114 of the Accident Compensation Act 1972 or section 60 of the Accident Compensation Act 1982; and
              1. the assessment was completed—
                1. before 1 October 1992; or
                  1. on or after 1 October 1992 only because an application for review of a decision about the assessment was lodged before 1 October 1992 under Part 9 of the Accident Compensation Act 1982.