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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

388: Indexation of certain entitlements payable under former Acts

You could also call this:

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

If you received payments under old accident compensation laws, the way these payments are adjusted for inflation has changed. Since April 2002, the rules for adjusting payments in the current law also apply to similar payments from old laws.

When the amount of a payment changes because of inflation, the accident compensation organisation (called the Corporation) must use the new amount when they do their calculations.

The Corporation has to adjust the payments mentioned in sections 377 and 378 in a special way. They must use a formula that the government has set. This formula looks at how the cost of living has changed. The government also decides when these adjustments should happen.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM104516.

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389: Disentitling sections apply, or

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

388Indexation of certain entitlements payable under former Acts

  1. Sections 115 and 116 apply (for indexation required after 1 April 2002) to anything in any of the former Acts to which an equivalent is listed in either of those sections.

  2. If an amount has been adjusted under any of sections 115 and 116, the Corporation must use the adjusted amount in any calculation in which it is relevant.

  3. However, the Corporation must adjust the amounts payable under sections 377 and 378 in the manner specified in subsection (4).

  4. An adjustment required by subsection (3)—

  5. must be in accordance with a prescribed formula or prescribed formulas relating to movements in the Consumers Price Index; and
    1. has effect on and from the prescribed date or dates.

      Notes
      • Section 388(4)(a): amended, on , by section 107(1) of the Data and Statistics Act 2022 (2022 No 39).