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Accident Compensation Act 2001

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

374: Compensation for pecuniary loss not related to earnings under 1972 and 1982 Acts: attendant care and household help

You could also call this:

"Special rules for people who got money for care or housework before July 1992"

If you were getting money for help with personal care or housework before 1 July 1992, there are some special rules for you. This applies if you were getting $350 or more per week for attendant care (which helps you with personal care and moving around) or household help (which helps you with housework so you can stay at home).

The old rules about this help still apply to you. This means the people in charge can look at your situation again to see if you still need the same amount of help.

You can't get the new type of attendant care or home help that other people get. But, once a year, you can ask to be checked to see if you would get more help under the new rules.

If you choose to be checked under the new rules, and you like the result, you can decide to switch to the new system forever. Once you do this, you can't go back to the old system.

For this rule, you count as getting money before 1 July 1992 even if you only got it later because you asked for a review before 1 October 1992 and won.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM104186.

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"There used to be a time limit on help to return to work after an accident"

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375: Compensation payable outside New Zealand for pecuniary loss not related to earnings under 1982 Act: attendant care, or

"Money for your caregiver can continue if you were getting it before April 2002, even if you're outside New Zealand"

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

374Compensation for pecuniary loss not related to earnings under 1972 and 1982 Acts: attendant care and household help

  1. This section applies if—

  2. a person was receiving compensation at a weekly rate of $350 or more immediately before 1 July 1992; and
    1. the compensation was paid under section 80 of the Accident Compensation Act 1982 or section 121 of the Accident Compensation Act 1972 and was for—
      1. attendant care, meaning personal care and mobility assistance necessary for the injured person; or
        1. household help, meaning provision of assistance for domestic activities that would be performed by the injured person if not injured and that is necessary to enable the person to remain in or take up suitable residence; and
        2. the compensation was payable because of section 149(3) or (4) of the Accident Rehabilitation and Compensation Insurance Act 1992.

          1. The sections referred to in subsection (1)(b)—

          2. continue to apply to the person and to his or her entitlement to attendant care or household help; and
            1. can be used from time to time to reassess the person's entitlement to attendant care or household help.

              1. The person—

              2. is not entitled to receive attendant care or home help under clauses 12 to 23 of Schedule 1; but
                1. is entitled, not more than once in any 12-month period, to elect to be assessed for entitlement to attendant care or home help under clauses 12 to 23 of Schedule 1.

                  1. A person who has had an assessment under subsection (3)(b) may irrevocably elect to have his or her entitlements to attendant care and home help determined from then on under clauses 12 to 23 of Schedule 1, in which case subsection (3) no longer applies to him or her.

                  2. For the purposes of subsection (1), a person was receiving compensation immediately before 1 July 1992 if he or she was entitled to do so because of a decision on review or appeal given on or after that date on an application for review made before 1 October 1992.