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Accident Compensation Act 2001

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

372: Individual rehabilitation plan

You could also call this:

"A plan to help you get better after an accident stays the same as before"

If you had an individual rehabilitation plan that was working before 1 April 2002, it will keep working the same way after that date. The plan will stay exactly as it was on 31 March 2002.

Sometimes, parts of your plan might have been agreed on but not actually given to you before 1 April 2002. In this case, the old rules that were in place when those parts were agreed on will still apply to those specific parts.

You or the ACC (Accident Compensation Corporation) can ask to change your plan. If you do this, the new rules in clause 10 of Schedule 1, Part 4, and Schedule 1 will apply to the changed parts of your plan.

These rules don't apply to social rehabilitation parts of plans made under special rules for complex personal injuries from 1994. Those old rules from 1994 will still apply to the social rehabilitation parts of those special plans, even though most other old rules don't apply anymore.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM104184.

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

372Individual rehabilitation plan

  1. An individual rehabilitation plan under any of the former Acts that was in effect immediately before 1 April 2002 continues to have effect on and after that date in the form it had at the close of 31 March 2002.

  2. Subsection (3) applies if an element of the individual rehabilitation plan was agreed to be provided but was not in fact provided before 1 April 2002.

  3. When this subsection applies, the following provisions of the relevant former Act continue to apply to the provision of the element of the individual rehabilitation plan that was agreed to be provided:

  4. in the case of an element included in the plan by way of a modification to the plan, the provisions of the former Act that applied at the time of the modification:
    1. in any other case, the provisions of the former Act that applied at the time the element was agreed.

      1. Either the Corporation or a claimant may initiate a modification to a plan to which subsection (1) applies, but the modification must be made in accordance with clause 10 of Schedule 1 and the provisions of Part 4 and of Schedule 1 apply to any elements of the individual rehabilitation plan so modified.

      2. This section does not apply to the social rehabilitation element of an individual rehabilitation programme prepared under the Accident Rehabilitation and Compensation Insurance (Complex Personal Injury) Interim Regulations 1994.

      3. Despite section 339, the Accident Rehabilitation and Compensation Insurance (Complex Personal Injury) Interim Regulations 1994 continue to apply to any social rehabilitation element of an individual rehabilitation programme prepared under those regulations.