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Accident Compensation Act 2001

Transitional provisions relating to entitlements provided by Corporation (but not under Part 10) - Entitlements arising from fatal injuries

387: Compensation for pecuniary loss not related to earnings under former Acts: child care for child of deceased person

You could also call this:

“Money for childcare if someone who helped with kids died before 1992”

If you were getting money for childcare before 1 July 1992 because someone who used to help with childcare died, you might still be able to get this money. This is only if the person who died was regularly caring for children in their family or household.

You can keep getting this money for childcare, but not for other types of help the person used to give. The old rules still apply to you, and these rules can be used to check if you should still get the money.

You can’t get the new type of childcare payment that other people might get. But once a year, you can ask to be checked to see if you could get this new type of payment instead.

If you choose to be checked for the new payment and decide to take it, you can’t go back to the old type of payment. This is a final decision.

If you were supposed to get this money just before 1 July 1992, but only found out later because you asked for a review before 1 October 1992, you still count as someone who was getting the money before 1 July 1992.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM104512.

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386: Child care payments for children of deceased persons, or

"Money for looking after kids when a parent has died"

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388: Indexation of certain entitlements payable under former Acts, or

"Adjusting old accident payments for changes in the cost of living"

Part 11 Transitional provisions relating to entitlements provided by Corporation (but not under Part 10)
Entitlements arising from fatal injuries

387Compensation for pecuniary loss not related to earnings under former Acts: child care for child of deceased person

  1. This section applies if,—

  2. immediately before 1 July 1992, a person (person A) was receiving compensation for child care that another person (person B), who subsequently died, had been providing on a regular basis for a family or household of which person B was a member; and
    1. the compensation was payable under section 121 of the Accident Compensation Act 1972 or section 80 of the Accident Compensation Act 1982; and
      1. the compensation was payable because of section 149(7) of the Accident Rehabilitation and Compensation Insurance Act 1992.

        1. The sections referred to in subsection (1)(b) (as applied by section 449 of the Accident Insurance Act 1998)—

        2. continue to apply to person A and to his or her entitlement to child care, but not other loss of quantifiable service; and
          1. may be used from time to time to reassess person A's entitlement to child care.

            1. Person A—

            2. is not entitled to receive a payment for child care under clause 76 of Schedule 1; but
              1. is entitled, not more than once in any 12-month period, to elect to be assessed for entitlement to a payment for child care under clause 76 of Schedule 1.

                1. A person who has had an assessment under subsection (3)(b) may irrevocably elect to have his or her entitlement to a payment for child care determined from then on under clause 76 of Schedule 1, in which case subsection (3) no longer applies to him or her.

                2. 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.

                Notes
                • Section 387(1)(c): amended, on , by section 10 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2003 (2003 No 80).