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Accident Compensation Act 2001

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

377: Independence allowance for personal injury suffered before 1 July 1999

You could also call this:

"Money for people hurt before July 1999 to help with daily life"

From the start of this section, parts of an older law about independence allowance no longer apply. If you were hurt before 1 July 1999, you can ask to be checked for an independence allowance. This is true no matter when you first asked for cover for your injury.

When they check you for the allowance, they will look at how all your injuries from before 1 July 1999 affect your whole body. If you got money before for your injuries under older laws, they will take that into account. They will subtract the percentage of injury that you already got paid for from the new percentage they work out.

The date you start getting the independence allowance depends on your situation. If you got money for injuries under the older laws, you'll start getting the allowance from the day you ask for it. If you didn't get money before, you'll start getting the allowance from either the day you asked for cover or from 1 July 1992, whichever is later.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM104190.

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378: Personal injury suffered on or after 1 July 1999 and before 1 April 2002, or

"Rules for injuries that happened between 1 July 1999 and 1 April 2002"

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

377Independence allowance for personal injury suffered before 1 July 1999

  1. On the commencement of this section, sections 441 and 442 of the Accident Insurance Act 1998 cease to have effect.

  2. A person who suffered personal injury before 1 July 1999 is entitled to be assessed for an independence allowance under Part 4 of Schedule 1 of the Accident Insurance Act 1998, irrespective of when the claim for cover for the personal injury was or is lodged, subject to the modifications set out in subsection (3).

  3. The modifications are that—

  4. any assessment or reassessment must be done on the basis of whole-person impairment for the combined effect of all injuries suffered before 1 July 1999 for which the person has cover; and
    1. the percentage of impairment for which any lump sum compensation was received under section 119 of the Accident Compensation Act 1972 or section 78 of the Accident Compensation Act 1982, or both, must be deducted from the percentage of combined whole-person impairment assessed in accordance with paragraph (a); and
      1. the independence allowance based on the first assessment is payable as from,—
        1. in the case of a person who has received lump sum compensation under section 119 of the Accident Compensation Act 1972 or section 78 of the Accident Compensation Act 1982, or both, the date of the application for an independence allowance; or
          1. in any other case, the later of the date on which the claim for cover was lodged or 1 July 1992.

          Notes
          • Section 377: substituted, on , by section 59 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).