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Accident Compensation Act 2001

Transitional provisions relating to entitlements provided by Corporation (but not under Part 10) - Lump sum compensation under former Acts

380: Lump sum compensation under former Acts

You could also call this:

"Rules for getting lump sum payments from old accident laws"

You can get lump sum compensation that was available under old accident compensation laws if you meet certain conditions. This applies if you made a claim for lump sum compensation for a personal injury before 1 October 1992. It also applies if the Accident Compensation Corporation (ACC) made a decision about your claim before 1 July 1995 under specific sections of the old laws, and you have a valid late application to review or appeal that decision.

If ACC treated your claim as one single claim, even if there were multiple incidents that might have caused your injury, there's a limit on how much extra lump sum compensation you can get. You can only receive up to the maximum amount that was allowed for one claim under the old laws, no matter how many incidents were involved.

These rules about lump sum compensation are based on laws that were in place before the current Accident Compensation Act. They ensure that some people can still access compensation that was available under those older laws.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM104197.

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Part 11Transitional provisions relating to entitlements provided by Corporation (but not under Part 10)
Lump sum compensation under former Acts

380Lump sum compensation under former Acts

  1. Lump sum compensation previously payable under the Accident Compensation Act 1972 or the Accident Compensation Act 1982 is payable if—

  2. a claim for the lump sum compensation in respect of the personal injury was lodged before 1 October 1992; and
    1. a decision made by the Corporation before 1 July 1995—
      1. was made under section 119 or section 120 of the Accident Compensation Act 1972 or section 78 or section 79 of the Accident Compensation Act 1982; and
        1. is subject to a valid late application for review or appeal by the claimant.

        2. If the claim for cover was accepted by the Corporation as 1 claim, despite there being several incidents to which the personal injury might have been attributable, the only additional lump sum compensation that may be paid in relation to the claim is an amount up to the balance of the maximum that was payable under section 120 of the Accident Compensation Act 1972 or section 79 of the Accident Compensation Act 1982 for 1 claim, irrespective of the number of incidents involved.

        3. Subsection (2) is subject to subsection (1).