1Corporation's liability to pay or contribute to cost of treatment

1. The Corporation is liable to pay or contribute to the cost of the claimant's treatment for personal injury for which the claimant has cover if clause 2 applies,—

2. to the extent required or permitted under an agreement or contract with any person for the provision of treatment; or
3. if no such agreement or contract applies, to the extent required or permitted by regulations made under this Act; or
4. if paragraphs (a) and (b) do not apply, the cost of the treatment.

5. In subclause (1)(c), cost means the cost—

6. that is appropriate in the circumstances; and
7. as agreed by the Corporation and the treatment provider.

2When Corporation is liable to pay cost of treatment

1. The Corporation is liable to pay the cost of the claimant's treatment if the treatment is for the purpose of restoring the claimant's health to the maximum extent practicable, and the treatment—

2. is necessary and appropriate, and of the quality required, for that purpose; and
3. has been, or will be, performed only on the number of occasions necessary for that purpose; and
4. has been, or will be, given at a time or place appropriate for that purpose; and
5. is of a type normally provided by a treatment provider; and
6. is provided by a treatment provider of a type who is qualified to provide that treatment and who normally provides that treatment; and
7. has been provided after the Corporation has agreed to the treatment, unless clause 4(2) applies.

8. In deciding whether subclause (1)(a) to (e) applies to the claimant's treatment, the Corporation must take into account—

9. the nature and severity of the injury; and
10. the generally accepted means of treatment for such an injury in New Zealand; and
11. the other options available in New Zealand for the treatment of such an injury; and
12. the cost in New Zealand of the generally accepted means of treatment and of the other options, compared with the benefit that the claimant is likely to receive from the treatment.

3When Corporation is liable to pay or contribute to cost of ancillary services related to treatment

1. The Corporation is liable to pay or contribute to the cost of any service if the service facilitates the treatment and the service is reasonably required as an ancillary service related to treatment, such as—

2. accommodation:
3. escort for transport for treatment:
4. pharmaceuticals prescribed by a treatment provider who has statutory authority to prescribe pharmaceuticals:
5. laboratory tests requested by a registered health professional:
6. transport (whether emergency or otherwise).

7. This clause applies subject to any regulations made under this Act.

4Corporation's prior agreement to treatment required, except in certain cases

1. The Corporation is not required to pay the costs of a claimant's treatment unless the Corporation has given its prior agreement to the treatment.

2. However, subclause (1) does not apply if the treatment is—

3. acute treatment; or
4. a public health acute service; or
5. of a type specified in regulations made under this Act as treatment that does not require the Corporation's prior approval; or
6. of a type specified in or under an agreement or contract between the Corporation and a treatment provider as treatment that does not require the Corporation's prior approval, and the treatment is to be provided by the treatment provider.

7. In deciding whether to give its prior agreement to treatment, the Corporation—

8. must take into account the matters in clause 2(1)(a) to (e); and
9. may make its agreement subject to prior compliance with any requirements relating to those matters.

5Corporation may require claimant to supply information about treatment

1. This clause applies to a claimant—

2. who seeks the Corporation's prior agreement to treatment under clause 4(1):
3. who seeks payment for treatment for which the Corporation's prior agreement under clause 4(2) is not required.

4. The Corporation may decline to pay the cost of a claimant's treatment, unless the claimant supplies to the Corporation such information about the claimant's personal injury and treatment as the Corporation requests.

5. For the purposes of subclause (2), the Corporation may request information about—

6. the personal injury suffered by the claimant:
7. the treatment sought or received by the claimant:
8. the date on which the claimant received or proposes to receive the treatment:
9. the nature of the treatment:
10. the identity and qualifications of the treatment provider:
11. the location and assessment (if any) of the place where the treatment has been or will be provided.

12. Subclause (3) does not limit subclause (2).

6When Corporation must not decline to pay cost of treatment

1. The Corporation must not decline to pay the cost of a claimant's treatment because—

2. the claimant has not paid or refuses to pay any part of the treatment provider's fee that is a part that the Corporation is liable to pay:
3. the claimant has not agreed to get the treatment from a particular treatment provider, unless the treatment is an assessment required by this Act or a second opinion.

4. To assist a claimant in choosing a treatment provider, the Corporation may advise the claimant that treatment from a named treatment provider will result in the claimant contributing less or nothing to the cost of treatment.

5. Subclause (2) applies subject to subclause (1)(b).

7Preparation of individual rehabilitation plan

1. The Corporation must provide information to the claimant about—

2. the rehabilitation to which the claimant may be entitled; and
3. the plan development process; and
4. the claimant's right to have a representative involved in the preparation of the plan; and
5. in relation to a plan that will include vocational rehabilitation, the Corporation's right to require the claimant to undergo an assessment of his or her vocational independence at the completion of the vocational rehabilitation, and the potential consequences of such an assessment; and
6. the consequences of the claimant's agreeing to the plan.

7. The Corporation may engage a suitably qualified person or organisation to—

8. assist in the assessment and preparation and costing of a plan; and
9. provide a link between the claimant and the services identified in the plan.

10. The following persons must be given an opportunity to participate in the preparation and costing of the plan to the extent that they are willing and able to do so:

11. the claimant:
12. the lead health practitioner:
13. any health practitioner providing treatment to the claimant:
14. any employer or potential employer of the claimant.

15. The Corporation is liable to meet the costs of preparing the plan, including the costs of any assessment that it has approved as necessary to enable the preparation of a plan.

16. In this clause,—

    lead health practitioner means the health practitioner who is leading the co-ordination of the provision of treatment or rehabilitation (or both) to the claimant

    services includes the key aspects of social rehabilitation, as defined in section 81.

8Agreement to plan

1. The Corporation must then ask the claimant to agree to the plan prepared for the claimant under clause 7.

2. If, after a reasonable time, the claimant declines to agree to the plan, the Corporation may advise the claimant that the plan is finalised, and the plan is then to be regarded as if the claimant had agreed to it.

3. When the plan is agreed or finalised, the Corporation must implement the plan.

4. The Corporation is liable to fund the provision to the claimant of the services it has specified under section 77(2)(d).

9Disputes about plan

1. For the purposes of Part 5 of this Act, the Corporation makes a decision when—

2. the claimant agrees to a plan; or
3. the Corporation advises the claimant that a plan has been finalised.

4. The fact that a claimant has agreed to a plan does not affect his or her rights to make a review application under Part 5 of this Act with respect to the plan.

10Corporation and claimant may agree to modify plan

1. The claimant and the Corporation may agree to modify the plan from time to time, and clauses 7 to 9 apply to the process of modification and to the modified plan.

11When Corporation is liable to pay or contribute to cost of ancillary services related to rehabilitation

1. The Corporation is liable to pay or contribute to the cost of any service reasonably required by the claimant as an ancillary service related to rehabilitation, such as accommodation, escort for transport, and transport, if the service facilitates rehabilitation.

2. The Corporation is liable to pay or contribute to the cost of accommodation and transport of a person other than the claimant if the presence and support of the person is necessary and appropriate to assist in achieving a rehabilitation outcome for the claimant.

3. This clause applies subject to any regulations made under this Act.

12Definitions

1. In clauses 13 to 23,—

   aid or appliance means any item likely to assist in restoring a claimant to independence

   attendant care—

   1. means—
      1. personal care; and
      2. assistance with cognitive tasks of daily living, such as communication, orientation, planning, and task completion; and
      3. protection of the claimant from further injury in his or her ordinary environment; and
   2. includes training a person to provide attendant care, if the Corporation agrees to fund the training; but
   3. does not include child care, domestic activities, or home maintenance

   child—

   1. means a child under 14 years; and
   2. includes any other child, if the child needs child care because of his or her physical or mental condition

   communication means conveying and receiving information by using skills such as anger management, assertiveness, ability to concentrate, language, memory, numeracy, social awareness, social skills, speech production and development, and using communications technology

   domestic activities means cleaning, laundry, meal preparation, and associated shopping activities, in relation to the claimant's home

   education support—

   1. means the provision of support or assistance for a claimant to assist him or her to achieve independence in educational participation; and
   2. includes resource preparation and planning assessed as necessary for the provision of that support or assistance

   educational participation means participation within the claimant’s school day or period of attendance at an early childhood service by a claimant who is—

   1. entitled to free enrolment and free education under the Education and Training Act 2020 and is—
      1. enrolled at a registered school within the meaning of that Act; or
      2. exempted under section 38 or 41 of that Act from the requirement to be enrolled; or
      3. exempted under section 44 (but not section 44(1)(c)) of that Act from attending a school; or
   2. attending a licensed early childhood service within the meaning of section 10(1) of that Act; or
   3. enrolled at a State school or specialist school under an agreement to which section 37 of that Act applies

   home—

   1. means residential premises in New Zealand in which the claimant lives and which are owned, rented, or otherwise lawfully occupied by the claimant or his or her parent, guardian, or spouse or partner; and
   2. includes residential premises in New Zealand in which the claimant proposes to live after they are built and which will be owned, rented, or otherwise lawfully occupied by the claimant or his or her parent, guardian, or spouse or partner; but
   3. does not include any hospital, hostel, hotel, motel, rest home, or other institution

   home help means the provision, in New Zealand, of domestic activities

   independence includes the capacity to function in the following areas:

   1. communication:
   2. domestic activities:
   3. educational participation:
   4. financial management:
   5. health care:
   6. hygiene care:
   7. mobility:
   8. motivation:
   9. safety management:
   10. sexuality:
   11. cognitive tasks of daily living, such as orientation, planning, and task completion:
   12. use of transport

   modifications to the home—

   1. means alterations to a claimant's home that—
      1. have the purpose of assisting a claimant to live as independently as practicable, having regard to the limitations caused by his or her injury; and
      2. remove structural barriers or add features fixed to the home; and
   2. includes real estate fees, legal fees, removal costs, and the costs of any modifications incurred in relocating a claimant to a new home, if the Corporation decides that relocation is the most cost effective alternative to modification of the claimant's existing home

   personal care means physical assistance to move around and to take care of basic personal needs such as bathing, dressing, feeding, and toileting

   rehabilitation outcome means—

   1. before an individual rehabilitation plan is agreed, a rehabilitation goal, objective, or result determined by the Corporation:
   2. if an individual rehabilitation plan is agreed, a goal, objective, or result specified in the plan

   training for independence includes—

   1. training and coaching a claimant to assist in restoring the claimant's independence:
   2. training in using and maintaining aids or appliances, and integrating them into the claimant's daily life, for a claimant who needs aids or appliances

   transport for independence—

   1. means assistance with the cost of, for example,—
      1. escorted travel by vehicle:
      2. modifying a vehicle:
      3. purchasing a vehicle:
      4. travelling by public transport:
      5. travelling by taxi; and
   2. includes driver's licence retraining, for a claimant who previously had a driver's licence.

13Aids and appliances

1. In deciding whether to provide or contribute to the cost of an aid or appliance, the Corporation must have regard to—

2. any rehabilitation outcome that would be achieved by providing it; and
3. whether a claimant has a prescription for the aid or appliance from a health practitioner who holds appropriate qualifications to the satisfaction of the Corporation.

4. The Corporation is not required to provide an artificial aid in the nature of an implant, unless the implant is implanted in the course of a surgical procedure approved by the Corporation.

5. The Corporation is not required to provide any aid or appliance, if a claimant already—

6. owns an aid or appliance that has, at the time at which the Corporation is making its decision, a similar function to the aid or appliance for which the claimant has lodged a claim; or
7. possesses such an aid or appliance on permanent loan from any person or organisation, including a hospital and health service,—
unless, in either case, the aid or appliance, because of its age or condition, is unsuitable to assist in restoring the claimant to independence.

8. The Corporation is not required to provide any aid or appliance, if the claimant has, after suffering the personal injury, disposed of an aid or appliance that, at the time of disposal,—

9. had a similar function to the aid or appliance for which the claimant has lodged a claim; and
10. was still suitable for that function.

11. The Corporation is not required to meet any costs of—

12. maintaining, repairing, or replacing any aid or appliance; or
13. replacing any consumable items used in association with any aid or appliance,—
if the costs have been incurred because the claimant has neglected, abused, or misused the aid or appliance.

14. The Corporation may provide an aid or appliance by way of approving its hire by the claimant for a term it approves, if that hire is a cost effective alternative to the purchase of the aid or appliance.

15. If the claimant pays for any aid or appliance approved by the Corporation, the Corporation is liable to reimburse the claimant at the same rate that the Corporation normally purchases the aid or appliance, but may deduct any subsidy payable by a funder under the Pae Ora (Healthy Futures) Act 2022 for that aid or appliance.

14Attendant care

1. In deciding whether to provide or contribute to the cost of attendant care, the Corporation must have regard to—

2. any rehabilitation outcome that would be achieved by providing it; and
3. the nature and extent of the claimant's personal injury and the degree to which that injury impairs his or her ability to provide for his or her personal care; and
4. the extent to which attendant care is necessary to enable the claimant to undertake or continue employment (including agreed vocational training) or to attend a place of education, having regard to any entitlement the claimant has to education support; and
5. the extent to which household family members or other family members might reasonably be expected to provide attendant care for the claimant after the claimant's personal injury; and
6. the extent to which attendant care is required to give household family members a break, from time to time, from providing attendant care for the claimant; and
7. the need to avoid substantial disruption to the employment or other activities of household family members.

15Child care

1. In deciding whether to provide or contribute to the cost of child care, the Corporation must have regard to—

2. any rehabilitation outcome that would be achieved by providing it; and
3. the number of the claimant's children and their need for child care; and
4. the extent to which child care was provided by other household family members before the claimant's personal injury; and
5. the extent to which other household family members or other family members might reasonably be expected to provide child care services after the claimant's personal injury; and
6. the need to avoid substantial disruption to the employment or other activities of the household family members.

7. The Corporation is not required to provide child care under this clause if it provides child care for the child under clause 76.

8. The Corporation is not required to provide child care for a child to the extent that the child is being provided with attendant care, education support, or training for independence.

9. The Corporation is not required to pay for child care to the extent that child care continues to be provided after a claimant's personal injury by a person—

10. who lives in the claimant's home or lived in the claimant's home immediately before the claimant suffered his or her personal injury; and
11. who provided child care before the claimant suffered his or her personal injury.

16Education support

1. In deciding whether to pay or contribute towards the cost of education support, the Corporation must have regard to—

2. any rehabilitation outcome that would be achieved by providing it; and
3. the nature and extent of the claimant's personal injury and the degree to which that injury impairs his or her ability to be independent in receiving education; and
4. the extent to which education support was provided by education sector providers for the claimant before the claimant's personal injury; and
5. the extent to which education support, and the skills and knowledge likely to be acquired from it, are likely to reduce the claimant's need for further rehabilitation; and
6. alternative means of education support available to the claimant, including—
   1. any other entitlement the claimant may have under this Part; and
   2. any support or resources available from education providers or the Ministry of Education; and
7. the extent to which the claimant's school or early childhood education service might reasonably be expected to provide education support after the claimant's personal injury.

8. In determining to what extent to provide education support to a claimant, the Corporation must liaise and co-operate with the Ministry of Education and any relevant school or educational institution with a view to ensuring that support and services are provided by government agencies in a complementary way.

9. In determining whether education support should be provided by a particular person, the Corporation must be satisfied that the person—

10. has the qualifications, experience, and training appropriate for the claimant's assessed needs; and
11. is not, at the time of providing the support, the claimant's classroom or subject teacher.

12. The rate to be paid for education support for a claimant must be determined by the Corporation, and the Corporation may take into account—

13. the nature and extent of the support that the claimant is assessed as needing to assist the claimant to achieve independence in his or her educational participation; and
14. the level of qualifications, experience, and training that the Corporation considers necessary to provide education support to the claimant; and
15. the extent to which the qualifications, experience, and training required to meet the claimant's needs differ from those required for the provision of education support generally.

16. The Corporation is liable to pay the employer of the education support provider after receiving an invoice from the employer for the support that has been provided at the Corporation's request.

17Home help

1. In deciding whether to provide or contribute to the cost of home help, the Corporation must have regard to—

2. any rehabilitation outcome that would be achieved by providing it; and
3. the extent to which a claimant undertook domestic activities before the claimant's personal injury and the extent to which he or she is able to undertake domestic activities after his or her injury; and
4. the number of household family members and their need for home help; and
5. the extent to which domestic activities were done by other household family members before the claimant's personal injury; and
6. the extent to which other household family members or other family members might reasonably be expected to do domestic activities for themselves and for the claimant after the claimant's personal injury; and
7. the need to avoid substantial disruption to the employment or other activities of the household family members; and
8. the impact of the claimant's personal injury on the contribution of other family members to domestic activities.

9. The Corporation is not required to pay for home help to the extent that home help continues to be provided after a claimant's personal injury by a person—

10. who lives in the claimant's home or lived in the claimant's home immediately before the claimant suffered his or her personal injury; and
11. who provided home help before the claimant suffered his or her personal injury.

18Modifications to home: matters to which Corporation must have regard

1. In deciding whether to provide or contribute to the cost of modifications to the home, the Corporation must have regard to—

2. any rehabilitation outcome that would be achieved by providing them; and
3. the difficulties faced by the claimant in doing the following without the proposed modifications:
   1. gaining access to his or her home:
   2. enjoying reasonable freedom of movement in his or her home:
   3. living independently in his or her home; and
4. the likely duration of the claimant's residence in the home; and
5. the cost, and the relevant benefit, to the claimant of the proposed modifications; and
6. if the home is not owned by the claimant, whether the owner agrees to the modifications being done; and
7. the likely cost of reasonable alternative living arrangements; and
8. the likely duration of the limitations arising from the personal injury for which the claimant has cover.

9. For the purposes of subclause (1)(b)(iii), the assessment of whether a claimant is living independently is not affected by whether the claimant lives with others.

19Modifications to home: rights and responsibilities

1. The Corporation is responsible for—

2. making a preliminary assessment as to whether the proposed modifications serve the purpose in section 79; and
3. if it considers the proposed modifications serve that purpose, meeting the costs of obtaining local authority approval.

4. The claimant is responsible for—

5. obtaining the written consent to the modifications to which the Corporation has given preliminary approval, from the owner of the home and any lessor or co-tenant or mortgagee; and
6. obtaining any quotes required by the Corporation for the proposed modifications.

7. The Corporation is—

8. not required to be a contracting party at any stage of the modifications:
9. not liable to the claimant or any other person for any liability arising from the carrying out of the modifications, other than for payment for those modifications the Corporation has approved:
10. not liable—
    1. to ensure that the claimant pays any person that undertakes the modifications; or
    2. to pay that person directly, if the claimant does not pay:
11. not liable for the cost of insuring the modifications or the home in which the modifications have been installed:
12. not required to replace any such modifications if the claimant continues to reside in the home:
13. not liable for the cost of removing any modifications no longer required:
14. not liable for the cost of returning a home to its former state if the claimant no longer occupies it:
15. not liable for any loss of value of any home resulting from any modifications to, or removal of modifications from, the home:
16. not required to provide or contribute to the cost of modifications to a home to which the claimant moves from the modified home, unless the Corporation has approved the costs of those modifications:
17. not required to repair or replace any home or modifications that are not insured and that are damaged.

18. The Corporation is not entitled to recover any payment made to the claimant if—

19. the modifications are removed or are no longer required; or
20. the claimant no longer occupies the home to which the modifications were made.

20Training for independence

1. In deciding whether to provide or contribute to the cost of training for independence, the Corporation must have regard to—

2. any rehabilitation outcome that would be achieved by providing it; and
3. the extent to which training for independence, and the skills and knowledge likely to be acquired from it, are likely to reduce the claimant's need for further rehabilitation.

21Transport for independence: matters to which Corporation must have regard

1. In deciding whether to provide or contribute to the cost of transport for independence, the Corporation must have regard to—

2. any rehabilitation outcome that would be achieved by providing it; and
3. the cost, and the relevant benefit, to the claimant of the transport for independence service for which the claimant has lodged a claim; and
4. the difficulties faced by the claimant in doing the following in relation to the transport used by the claimant before his or her personal injury, without the transport for independence service for which he or she has lodged a claim:
   1. driving or operating the vehicle:
   2. gaining access to the vehicle:
   3. enjoying freedom and safety of movement in the vehicle:
   4. travelling as a passenger in the vehicle:
   5. transporting any essential mobility equipment in the vehicle; and
5. the need for the claimant to own or have access to a vehicle, having regard to the times at which and the frequency with which the claimant is likely to need that form of transport; and
6. alternative means of transport available to the claimant; and
7. the effect that modifications, or purchase, of a vehicle will have on the likelihood of the claimant obtaining and retaining employment; and
8. the existing vehicle or vehicles owned or used by the claimant; and
9. whether and when the limitations caused by the claimant's personal injury are expected to improve; and
10. any plans and quotes an appropriately qualified person provides for proposed modifications to, or for the purchase of, a vehicle.

11. The Corporation may require the claimant to satisfy the Corporation of the matters set out in subclause (3) or subclause (4) before the Corporation approves the modification or purchase for which the claimant has lodged a claim.

12. The Corporation may require the claimant to satisfy the Corporation that a vehicle will be modified in such a way that it—

13. will be able to be issued with a warrant of fitness; and
14. will—
    1. comply with regulations made under the Transport (Vehicle Standards) Regulations 1990; or
    2. comply with any alternative standards prescribed under regulation 6 of those regulations; or
    3. be issued with an exemption under those regulations.

15. If a claimant wishes to drive a modified or newly purchased vehicle, the Corporation may require the claimant to satisfy the Corporation that he or she is likely to be able to drive the vehicle safely, and be legally permitted to drive it.

22Transport for independence: rights and responsibilities

1. The Corporation is not required to purchase, or contribute to the purchase of, a motor vehicle if the claimant, or a person proposing to transport the claimant,—

2. owns or part owns or has the use of a vehicle that may be modified in order to assist in restoring the claimant's independence; or
3. disposed of a vehicle, after the claimant's personal injury, that may have been able to be modified in order to assist in restoring the claimant's independence.

4. The Corporation is—

5. not liable—
   1. to ensure that the claimant pays any person that sells the vehicle or undertakes the modifications; or
   2. to pay that person directly, if the claimant does not pay:
6. not required to meet the cost of maintenance or repair of any vehicle or modification to a vehicle, or for registration, licensing fees, insurance, or other running costs:
7. not required to meet the cost of removing any vehicle modifications no longer required or for restoring any vehicle to its former state:
8. not liable for any loss of resale value resulting from modifications to any vehicle:
9. not required to contribute to the cost of replacing a vehicle for whose purchase or modification the Corporation has already contributed, unless the replacement is necessary for the claimant to maintain independence:
10. not required to contribute to a replacement under paragraph (e) if the claimant's need for a replacement vehicle arises because the claimant—
    1. has not maintained or insured the existing vehicle; or
    2. has, without a reasonable excuse, disposed of the existing vehicle.

11. In determining the amount to be paid in respect of a vehicle, the Corporation may take into account the value of any other motor vehicle owned by the claimant, if the claimant previously used the vehicle on a regular basis.

12. The Corporation must—

13. make payments for the purchase of, or modification to, a vehicle to the claimant, unless the claimant requests otherwise; and
14. make the payment by way of an outright grant.

15. The Corporation is not entitled to recover any payment made to the claimant if—

16. the claimant no longer requires the vehicle modifications; or
17. the vehicle is disposed of or destroyed.

23Corporation not liable to ensure claimant pays rehabilitation provider

1. The Corporation is not liable—

2. to ensure that the claimant pays any rehabilitation provider that delivers a social rehabilitation service to the claimant; or
3. to pay that provider directly, if the claimant does not pay.

24Occupational assessor

1. An occupational assessment must be undertaken by an assessor whom the Corporation considers has the appropriate qualifications and experience to do the assessment required in the particular case.

25Conduct of occupational assessment

1. An occupational assessor undertaking an occupational assessment as part of an assessment of a claimant's vocational independence under section 108 may—

2. take into account information provided by the Corporation and the claimant; and
3. consider the individual rehabilitation plan prepared for the claimant and review the vocational rehabilitation carried out under the plan; and
4. discuss with the claimant all the types of work that the assessor identifies as suitable for the claimant; and
5. consider any comments the claimant makes to the assessor about those types of work.

6. In considering the suitability of the types of work referred to in subclause (1)(c), the occupational assessor must take into account, among other things, the claimant’s earnings before the claimant’s incapacity.

7. The Corporation must provide to an occupational assessor all information the Corporation has that is relevant to an occupational assessment.

26Report on occupational assessment

1. The occupational assessor must prepare and provide to the Corporation a report on the occupational assessment specifying—

2. the claimant's work experience; and
3. the claimant's education, including any incomplete formal qualifications; and
4. any work-related training in which the claimant has participated; and
5. all skills that the assessor has reasonably identified the claimant as having; and
6. the vocational rehabilitation that the claimant has received under the individual rehabilitation plan or in any other way; and
7. the outcome of the vocational rehabilitation; and
8. all types of work reasonably identified as suitable for the claimant; and
9. in relation to each type of work, the requirements of that type of work, including any environmental modifications that the assessor identifies as necessary to enable the claimant to function safely in that type of work.

10. The Corporation must provide a copy of the report to the claimant and the medical assessor.

27Medical assessor

1. A medical assessment must be undertaken by a medical practitioner who is described in subclause (2) or subclause (3).

2. A medical practitioner who provides general medical services must also—

3. have an interest, and proven work experience, in disability management in the workplace or in occupational rehabilitation; and
4. have at least 5 years' experience in general practice; and
5. meet at least 1 of the following criteria:
   1. be a Fellow of the Royal New Zealand College of General Practitioners or hold an equivalent qualification:
   2. be undertaking training towards becoming a Fellow of the Royal New Zealand College of General Practitioners or holding an equivalent qualification:
   3. have undertaken relevant advanced training.

6. A person who does not provide general medical services must also—

7. have an interest, and proven work experience, in disability management in the workplace or in occupational rehabilitation; and
8. be a member of a recognised college.

28Conduct of medical assessment

1. A medical assessor undertaking a medical assessment as part of an assessment of a claimant's vocational independence under section 108 must take into account—

2. information provided to the assessor by the Corporation; and
3. any individual rehabilitation plan for the claimant; and
4. any of the following medical reports provided to the assessor:
   1. medical reports requested by the Corporation before the individual rehabilitation plan was prepared:
   2. medical reports received during the claimant's rehabilitation; and
5. the report of the occupational assessor under clause 26; and
6. the medical assessor's clinical examination of the claimant; and
7. any other information or comments that the claimant requests the medical assessor to take into account and that the medical assessor decides are relevant.

8. The Corporation must provide to a medical assessor all information the Corporation has that is relevant to a medical assessment.

29Report on medical assessment

1. The medical assessor must prepare and provide to the Corporation a report on the medical assessment specifying—

2. relevant details about the claimant, including details of the claimant's injury; and
3. relevant details about the clinical examination of the claimant undertaken by the assessor, including the methods used and the assessor's findings from the examination; and
4. the results of any additional assessments of the claimant's condition; and
5. the assessor's opinion of the claimant's vocational independence in relation to each of the types of work identified in the occupational assessor's report; and
6. any comments made by the claimant to the assessor relating to the claimant's injury and vocational independence in relation to each of the types of work identified in the occupational assessor's report.

7. The report must also identify any conditions that—

8. prevent the claimant from having vocational independence; and
9. are not related to the claimant's injury.

10. The Corporation must provide a copy of the report to the claimant.

30Meaning of relevant year

1. In this Part, relevant year means the most recent tax year (as defined in section YA 1 of the Income Tax Act 2007) last ended before the commencement of the period of incapacity.

2. However, in the case of a self-employed person or a shareholder-employee, the relevant year is the most recent year ending with the balance date (whether 31 March or another date) of the self-employed person or shareholder-employee before the commencement of the period of incapacity.

31Use of income tax returns in determining earnings

1. If the Corporation is determining earnings under this Part in relation to a self-employed person or a shareholder-employee, it must take an income tax return into account, if—

2. the claimant has given the return to the Commissioner; and
3. the Corporation considers that the return, and any related accounts, have not been unreasonably influenced by—
   1. the fact of the claimant's incapacity; or
   2. the effects or likely effects of the incapacity on the claimant's income or business activities.

31AUse of employment income information in determining earnings

1. The Corporation, for the purposes of calculating a claimant’s earnings for any period under this Part, may take into account the claimant’s most recent pre-incapacity employment income information available from the Inland Revenue Department.

2. Subclause (1) applies even if that information does not relate to the period immediately before the claimant’s incapacity commenced.

3. Subclauses (1) and (2) do not affect a claimant’s right under section 134 to apply for a review of the Corporation’s decision as to the amount payable to the claimant for weekly compensation, based on their actual earnings.

4. In this Part, employment income information has the same meaning as in section 3(1) of the Tax Administration Act 1994.

32Corporation to pay weekly compensation for loss of earnings to claimant who was earner

1. The Corporation is liable to pay weekly compensation for loss of earnings to a claimant who—

2. has an incapacity resulting from a personal injury for which he or she has cover; and
3. was an earner immediately before his or her incapacity commenced.

4. The claimant is entitled to weekly compensation for loss of earnings—

5. on and from the day after the first week of incapacity ends; and
6. for any period of incapacity, after that first week, resulting from the personal injury for which he or she has cover.

7. The weekly compensation payable is 80% of the claimant's weekly earnings, as calculated under clauses 33 to 45 and 48.

8. Subclause (3) is subject to clauses 46, 51, 52, and 53.

9. The amount of weekly compensation payable to the claimant must be adjusted in the manner provided in section 115.

10. In this clause, earner includes a person who has purchased weekly compensation under section 223.

33Weekly earnings if earner had earnings as employee immediately before incapacity commenced: application of clause 34

1. Clause 34 applies to a claimant who—

2. was an earner immediately before his or her incapacity commenced; and
3. was in permanent employment at that time; and
4. had earnings as an employee from that permanent employment at that time.

5. If the claimant had permanent employment with more than 1 employer at that time, the weekly earnings of the claimant, in respect of each employer he or she had at that time, are as calculated separately under clause 34 and aggregated under clause 41.

6. For the purposes of this clause and clause 34, the claimant is regarded as having been in permanent employment if, in the opinion of the Corporation, he or she would have continued to receive earnings from that employment for a continuous period of more than 12 months after the date on which his or her incapacity commenced, if he or she had not suffered the personal injury.

7. Subclause (5) applies if—

8. the claimant was in permanent employment (that was full-time employment) as an employee immediately before his or her incapacity commenced; and
9. before the employment, the claimant was employed by the same employer for less than 30 hours per week.

10. The weekly earnings of the claimant is the greater of—

11. the claimant's weekly earnings calculated in accordance with clause 34:
12. the claimant's weekly earnings calculated in accordance with clause 36, as if the claimant were not in permanent employment immediately before his or her incapacity commenced.

34Weekly earnings if earner had earnings as an employee in permanent employment immediately before incapacity commenced: calculations

1. This subclause applies to each of the 4 weeks after the first week of incapacity. The claimant's weekly earnings for each of the 4 weeks are calculated using the following formula:

   $a\; ÷\; b$

   Where:
   where—
2. is the claimant's earnings as an employee (from that permanent employment) in the 4 weeks immediately before his or her incapacity commenced
3. is the number of full or part weeks during which the claimant earned those earnings as an employee in those 4 weeks.

4. This subclause applies to any weekly period of incapacity after the 4 weeks described in subclause (1). The claimant's weekly earnings for any such weekly period are calculated using the following formula:

   $a\; ÷\; b$

   Where:
   where—
5. is the claimant's earnings as an employee (from employment with that employer) in the 52 weeks immediately before his or her incapacity commenced
6. is the number of full or part weeks during which the claimant earned those earnings as an employee.

7. For the purposes of this clause the following must be disregarded in calculating weekly earnings:

8. any period during which the claimant was entitled to weekly compensation; and
9. any earnings in respect of any such period.

35Weekly earnings if earner had earnings as employee not in permanent employment immediately before incapacity commenced: application of clause 36

1. Clause 36 applies to a claimant who—

2. was an earner immediately before his or her incapacity commenced; and
3. had at that time earnings as an employee (from employment that was not permanent employment).

4. For the purposes of this clause and clause 36, employment is not permanent employment if, in the opinion of the Corporation, the claimant would have not continued to receive earnings from that employment for a continuous period of more than 12 months after the date on which his or her incapacity commenced, if he or she had not suffered the personal injury.

36Weekly earnings if earner had earnings as employee not in permanent employment immediately before incapacity commenced: calculations

1. This subclause applies to each of the 4 weeks after the first week of incapacity. The claimant's weekly earnings for each of the 4 weeks are calculated using the following formula:

   $a\; ÷\; b$

   Where:

   • a a

     is the claimant's earnings as an employee (from all employment that was not permanent employment) in the 4 weeks immediately before his or her incapacity commenced

   • b b

     is the number of full or part weeks during which the claimant earned those earnings as an employee in the 4 weeks immediately before his or her incapacity commenced.

2. This subclause applies to any weekly period of incapacity after the 4 weeks described in subclause (1). The claimant's weekly earnings for any such weekly period are calculated using the following formula:

   $a\; ÷\; b$

   Where:

   • a a

     is the claimant's earnings as an employee (from all employment that was not permanent employment) in the 52 weeks immediately before his or her incapacity commenced

   • b b

     is 52 or such smaller number, if adjustments are required under subclause (4).

3. For the purposes of this clause the following must be disregarded in calculating weekly earnings:

4. any period during which the claimant was entitled to weekly compensation:
5. any continuous period of unpaid sick leave, during a period of employment, of more than 1 week:
6. any period during which the claimant was within a payment period under the Compensation for Live Organ Donors Act 2016:
7. any period during which—
   1. the claimant did not receive earnings as an employee; and
   2. the claimant did receive earnings as a self-employed person or as a shareholder-employee; and
   3. those earnings ceased before the commencement of the claimant's incapacity:
8. any earnings in respect of any period under paragraph (a), (b), (ba), or (c).

9. In item b of the formula set out in subclause (2), the expression 52 is adjusted by deducting from it any number of weekly periods that subclause (3)(a), (b), or (c) applies to.

10. For the purposes of subclause (3)(c), the Corporation may determine the number of weeks that fairly and reasonably represent the period during which the claimant received earnings as a self-employed person or as a shareholder-employee.

37Weekly earnings if earner had earnings as self-employed person immediately before incapacity commenced: application of clause 38

1. Clause 38 applies to a claimant who had earnings as a self-employed person immediately before his or her incapacity commenced.

2. The weekly earnings of such a claimant are as calculated under clause 38.

3. For the purposes of clause 38, if the claimant's income tax return for the relevant year is not available, the income tax return for the next previous year must be used for the calculation of weekly earnings until the earlier of the following events:

4. the first-mentioned income tax return is available; or
5. 3 months have passed after the incapacity commenced.

6. If the claimant's income tax return for the relevant year remains unavailable at the end of the 3-month period in subclause (3)(b), the Corporation can pay weekly compensation only as an advance under section 131.

7. If the Corporation—

8. applies subclause (3); and
9. pays weekly compensation; and
10. subsequently finds that the weekly compensation it paid is greater than that it would have paid if the claimant's income tax return for the relevant year had been available,—
the Corporation may recover the difference, either as a debt due to it or by deducting it from any entitlement otherwise payable to the claimant (whether or not in respect of the same personal injury).

38Weekly earnings if earner had earnings as self-employed person immediately before incapacity commenced: calculations

1. The weekly earnings of an earner who had earnings as a self-employed person immediately before the incapacity commenced are,—

2. for the first 4 weeks after the first week of incapacity, the greater of the relevant amount calculated under subclause (2) or the amount under subclause (3):
3. for any period of incapacity after the 4 weeks referred to in paragraph (a), the relevant amount calculated under subclause (2).

4. The amounts that apply under this subclause are,—

5. for claimants who first commenced receiving earnings as self-employed persons in the tax year in which the incapacity commenced, the amount calculated using the following formula:
6. for claimants for whom the relevant year was the first year during which they received earnings as a self-employed person, the amount calculated using the following formula:
7. for all other claimants, the amount calculated using the following formula:

8. The amount that applies under this subclause is the amount of minimum weekly earnings as determined under clause 42(3), if the claimant is an earner who is liable to pay the minimum levy set out in regulations made for the purposes of section 168B.

9. The numbers referred to in items c and d of the formula in subclause (2)(c) must be adjusted by deducting any period during which the claimant was within a payment period under the Compensation for Live Organ Donors Act 2016.

10. A claimant is eligible for the greater of—

11. the amount calculated under subclause (2) with the inclusion of earnings as an employee in the calculation; and
12. the amount calculated under subclause (2) with the exclusion of earnings as an employee from the calculation.

13. If the claimant's weekly earnings are calculated under subclause (2) with the inclusion of his or her earnings as an employee, the claimant is not also eligible to have his or her weekly earnings calculated under clauses 33 to 36.

14. This clause applies to claims for weekly compensation made on or after 1 July 2005, whether made in respect of a period of incapacity that started before the day on which this clause comes into force or that starts on or after that day.

15. To avoid doubt, if a claim for weekly compensation is made in respect of a period of incapacity that commenced before 1 July 2005, this clause—

16. applies only to the calculation of weekly earnings for the purposes of weekly compensation that is payable for a period commencing on or after 1 July 2005; and
17. does not authorise an increase to the rate of weekly compensation that is payable for a period before 1 July 2005.

38AWeekly earnings if self-employed claimant had earnings as a shareholder-employee in the relevant year

1. This clause applies if the claimant—

2. had earnings as a self-employed person immediately before the commencement of his or her incapacity; and
3. did not have earnings as a self-employed person in the relevant year; and
4. did have earnings as a shareholder-employee in the relevant year; and
5. had been employed continuously even though the claimant changed from receiving earnings as a shareholder-employee to receiving earnings as a self-employed person.

6. The claimant's weekly earnings must be calculated under clause 38(2) using the claimant's earnings as a shareholder-employee as if they were the claimant's earnings as a self-employed person in the relevant year.

39Weekly earnings if claimant had earnings as shareholder-employee immediately before incapacity commenced

1. The weekly earnings of a claimant who had earnings as a shareholder-employee immediately before his or her incapacity commenced are the higher of—

2. the relevant amount calculated under clause 34 or clause 36, whichever is applicable; and
3. the relevant amount calculated under subclause (2).

4. The amounts to be calculated under this subclause are,—

5. for claimants who first commenced receiving earnings as a shareholder-employee in the tax year in which the incapacity commenced, the amount calculated using the following formula:
6. for claimants for whom the relevant year was the first year during which they received earnings as a shareholder-employee, the amount calculated using the following formula:
7. for all other claimants, the amount calculated using the following formula:

8. The numbers referred to in items c and d of the formula in subclause (2)(c) must be adjusted by deducting any period during which the claimant was within a payment period under the Compensation for Live Organ Donors Act 2016.

9. A claimant is eligible for the greater of—

10. the amount calculated under subclause (2) with the inclusion of earnings as an employee in the calculation; and
11. the amount calculated under subclause (2) with the exclusion of earnings as an employee from the calculation.

12. If the claimant's weekly earnings are calculated under subclause (2) with the inclusion of their earnings as an employee, the claimant is not also eligible to have his or her weekly earnings calculated under clauses 33 to 36.

13. If a claimant's weekly earnings as a shareholder employee are calculated under subclause (2), the same earnings cannot be used as earnings as an employee for the purposes of clauses 33 to 36.

14. This clause applies to claims for weekly compensation made on or after 1 July 2005, whether made in respect of a period of incapacity that started before the day on which this clause comes into force or that starts on or after that day.

15. To avoid doubt, if a claim for weekly compensation is made in respect of a period of incapacity that commenced before 1 July 2005, this clause—

16. applies only to the calculation of weekly earnings for the purposes of weekly compensation that is payable for a period commencing on or after 1 July 2005; and
17. does not authorise an increase to the rate of weekly compensation that is payable for a period before 1 July 2005.

40Weekly earnings if claimant as shareholder-employee had earnings as self-employed person in relevant year

1. This clause applies if the claimant—

2. had earnings as a shareholder-employee immediately before the commencement of his or her incapacity; and
3. did not have earnings as a shareholder-employee in the relevant year; and
4. did have earnings as a self-employed person in the relevant year; and
5. had been employed continuously even though the claimant changed from receiving earnings as a self-employed person to receiving earnings as a shareholder-employee.

6. The claimant's weekly earnings must be calculated under clause 39(2) using the claimant's earnings as a self-employed person as if they were earnings as a shareholder-employee in the relevant year.

41Calculations for multiple employment situations

1. Claimants to whom clause 38 applies, and to whom clauses 33 to 36 apply because they have earnings as an employee at the time their incapacity commences, may—

2. have their weekly earnings calculated under clause 38 with the inclusion of their earnings as an employee; or
3. have their weekly earnings calculated under clause 38 excluding their earnings as an employee, but may also have their employee earnings calculated under clauses 33 to 36 and aggregated under subclause (5).

4. If a claimant's weekly earnings are calculated in accordance with subclause (1)(a), the same earnings cannot be used as earnings as an employee for the purposes of any other calculation of an amount of weekly earnings.

5. Claimants to whom clause 39 applies, and to whom clauses 33 to 36 apply because they have earnings as an employee at the time their incapacity commences, may—

6. have their weekly earnings calculated under clause 39 with the inclusion of their earnings as an employee; or
7. have their weekly earnings calculated under clause 39 excluding their earnings as an employee, but may also have their employee earnings calculated under clauses 33 to 36 and aggregated under subclause (5).

8. If a claimant's weekly earnings are calculated in accordance with subclause (3)(a), the same earnings cannot be used as earnings as an employee for the purposes of any other calculation of an amount of weekly earnings.

9. If a claimant is not prohibited from doing so by subclause (2) or subclause (4), and would have more than 1 amount of weekly earnings from different employment situations because of the operation of clause 34 or clause 36 or clause 38 or clause 39, the claimant's weekly earnings are to be calculated by doing the relevant calculations under those clauses separately and then aggregating the results.

10. However, a claimant's weekly earnings calculated under clause 34 or clause 36 must not be aggregated with the claimant's weekly earnings under clause 39 if the claimant's weekly earnings under clause 39 are his or her earnings under clause 34 or clause 36.

42Weekly earnings of earners in full-time employment: increase in certain circumstances

1. This clause applies to a claimant who—

2. was, immediately before his or her incapacity commenced,—
   1. in the category of earners liable to pay the minimum levy set in regulations made for the purposes of section 168B; or
   2. an earner in full-time employment; and
3. had weekly earnings calculated under clause 41 or, if that clause does not apply, under any of clauses 34, 36, 38, or 39 of less than the minimum weekly earnings as determined under subclause (3); and
4. is incapacitated for more than 1 week after the incapacity first commenced.

5. For the purpose of calculating weekly compensation for loss of earnings payable to the claimant for any period after the first week of incapacity, the claimant is deemed to have had, immediately before his or her incapacity commenced, the minimum weekly earnings as determined under subclause (3).

6. The minimum weekly earnings are,—

7. for a person under the age of 18 years, the amount as at each assessment date that is the greatest of—
   1. the minimum weekly adult rate prescribed under section 4 of the Minimum Wage Act 1983; and
   2. 125% of the rate of the supported living payment for a single person under the age of 18 years without dependent children under the Social Security Act 2018; and
   3. the greater of the amounts calculated under subparagraphs (i) and (ii) as at the date of the preceding assessment.
8. for a person 18 years of age or over, the amount as at each assessment date that is the greatest of—
   1. the minimum weekly adult rate prescribed under section 4 of the Minimum Wage Act 1983; and
   2. 125% of the rate of the supported living payment for any other single person without dependent children under the Social Security Act 2018; and
   3. the greater of the amounts calculated under subparagraphs (i) and (ii) as at the date of the preceding assessment.

9. In subclause (3), assessment date means the most recent of the following dates that results in a greater amount being calculated under paragraph (a) or (b) of that subclause (as applicable):

10. the date on which the current order prescribing the rate of the supported living payment for a single person under the age of 18 years without dependent children under the Social Security Act 2018 came into force; and
11. the date on which the current order prescribing the rate of the supported living payment for any other single person without dependent children under the Social Security Act 2018 came into force; and
12. the date on which the current order prescribing the minimum wage made under section 4 of the Minimum Wage Act 1983 came into force.

13. Repealed

14. Repealed

15. Repealed

16. Subclause (2) does not apply to any period unless the Corporation is satisfied that, but for the incapacity, the claimant would have been an earner in full-time employment during that period.

17. Subclause (2) does not apply if the claimant has an entitlement under any other provision of this schedule to weekly compensation for loss of earnings that is greater than the claimant's entitlement under this clause.

18. Nothing in this clause is affected by the claimant's entitlement to any weekly compensation under any of clauses 66, 70, and 71.

43Weekly earnings if employment ended before commencement of incapacity

1. Subclause (2) applies to a claimant who, before his or her incapacity commenced, has ceased to be in employment.

2. The claimant is deemed to continue to be in employment and have earnings from that employment for the purposes of this schedule for the longer of—

3. 28 days from the date he or she ceased to be in employment, if he or she—
   1. had been in employment within 28 days before his or her incapacity commenced; and
   2. would have been an employee within the period specified in subclause (3) after the date on which his or her incapacity commenced, but for the incapacity; or
4. the period for which payments that the claimant is entitled to receive on ceasing employment and on which earner levy is payable constitute earnings under subclause (4).

5. For the purposes of subclause (2)(a)(ii), the period is,—

6. unless paragraph (b) applies, 3 months if the claimant had entered into an employment agreement, or had arranged to enter into an employment agreement, before the incapacity commenced; or
7. 12 months if—
   1. the claimant was employed in seasonal employment with the same employer as he or she had been employed in the 2 seasons before the claimant’s incapacity commenced; and
   2. the employer confirms that the claimant could reasonably have expected to be re-employed in the season after the claimant’s incapacity commenced.

8. A claimant, who is deemed by subclause (2)(b) to continue to be in employment, is also deemed to be deriving earnings at the same rate as he or she derived earnings while in employment immediately before he or she ceased to be an employee, a self-employed person, or a shareholder-employee, as the case may be.

9. For the purposes of calculating the claimant’s weekly earnings, the date his or her incapacity commenced is deemed to be the last date on which the claimant was in employment.

10. Unless the personal injury is a motor vehicle injury, a work-related personal injury, or a treatment injury, payments under this clause come from the Earners’ Account.

11. In this clause—

    employee includes an employee who is on unpaid leave that is not unpaid parental leave

    employment means employment as—

    1. an employee; or
    2. a self-employed person; or
    3. a shareholder-employee.

44Weekly earnings if employee on unpaid parental leave immediately before his or her incapacity commenced

1. This clause applies to a claimant who is an employee on unpaid parental leave immediately before his or her incapacity commenced.

2. For the purposes of calculating the claimant's weekly earnings, the date he or she began parental leave is deemed to be the date his or her incapacity commenced.

3. For the purposes of determining the commencement date of entitlement to compensation for loss of earnings, the date on which the claimant would otherwise be required to return to work at the end of the parental leave is deemed to be the date his or her incapacity commenced.

4. Unless the personal injury is a motor vehicle injury, a work-related personal injury, or a treatment injury, payments under this clause come from the Earners' Account.

5. If this clause applies the claimant is entitled to the greater of—

6. weekly compensation for loss of earnings arising from the application of this clause:
7. weekly compensation for loss of earnings arising from an entitlement under any other provision of this schedule.

8. Parental leave must not be treated as paid leave for the purposes of this clause only because the person may be entitled to a payment in respect of the leave under Part 7A of the Parental Leave and Employment Protection Act 1987.

44AWeekly earnings if claimant receiving earnings compensation as organ donor immediately before his or her incapacity commenced

1. This clause applies to a claimant who is within a payment period under the Compensation for Live Organ Donors Act 2016 immediately before his or her incapacity commenced.

2. The claimant’s incapacity is deemed to have commenced on the date on which the payment period started—

3. for the purposes of calculating the claimant’s weekly compensation, if the claimant had earnings immediately before that date; or
4. for the purposes of applying clause 43, if the claimant did not have earnings immediately before that date.

5. For the purposes of determining the commencement date of entitlement to compensation for loss of earnings under this Act, the date that falls immediately after the payment period ends is deemed to be the date his or her incapacity commenced.

6. Unless the personal injury is a motor vehicle injury, a work-related personal injury, or a treatment injury, payments under this clause come from the Earners’ Account.

7. If this clause applies, the claimant is entitled to the greater of the following:

8. weekly compensation for loss of earnings arising from the application of this clause:
9. weekly compensation for loss of earnings arising from an entitlement under any other provision of this schedule.

44BWeekly earnings if employee has consecutive periods of unpaid parental leave and earnings compensation as organ donor

1. This clause applies if a claimant is an employee and either—

2. clause 44 applies to the claimant and the claimant’s unpaid parental leave is immediately before or after a payment period under the Compensation for Live Organ Donors Act 2016; or
3. clause 44A applies to the claimant and the claimant’s payment period is immediately before or after a period of unpaid parental leave.

4. The claimant’s incapacity is deemed to have commenced—

5. on the earlier of the dates described in clauses 44(2) and 44A(2), for the purposes of calculating the claimant’s weekly compensation; and
6. on the later of the dates described in clauses 44(3) and 44A(3), for the purposes of determining the commencement date of entitlement to compensation for loss of earnings.

45Interim estimation of weekly earnings that cannot be ascertained

1. This clause applies to a claimant who, immediately before his or her incapacity commenced,—

2. had earnings as a self-employed person; or
3. had earnings as a shareholder-employee.

4. This clause applies while the Corporation cannot readily ascertain the claimant's actual weekly earnings.

5. For the purposes of clauses 38 to 40, in order to calculate the claimant's weekly earnings under this Part, the Corporation may estimate an amount that represents reasonable remuneration for the claimant until the earlier of—

6. the income tax return for the relevant year is available; or
7. 3 months have passed after the incapacity commenced.

8. If the claimant's income tax return for the relevant year remains unavailable at the end of the 3-month period in subclause (3)(b), the Corporation can pay weekly compensation only as an advance under section 131.

9. In doing an estimate under subclause (3), the Corporation must have regard to—

10. the evidence available of the claimant's earnings; and
11. the nature of the claimant's employment immediately before his or her incapacity commenced; and
12. any employment, whatever its nature, that the claimant has while suffering the incapacity.

13. If the Corporation—

14. applies subclause (3); and
15. pays weekly compensation; and
16. subsequently finds that the weekly compensation it paid is greater than that it would have paid if the claimant's income tax return for the relevant year had been available,—
the Corporation may recover the difference, either as a debt due to it or by deducting it from any entitlement otherwise payable to the claimant (whether or not in respect of the same personal injury).

46Maximum weekly compensation for loss of earnings

1. The maximum amount of weekly compensation for loss of earnings that the Corporation is liable to pay to a claimant is $1,341.31 a week, whatever amount is calculated under this schedule.

2. The maximum amount specified in subclause (1) must be adjusted in the manner provided in section 115.

47Corporation to pay weekly compensation for loss of potential earnings capacity

1. The Corporation is liable to pay weekly compensation for loss of potential earning capacity to a claimant who—

2. has an incapacity resulting from a personal injury; and
3. was a potential earner immediately before his or her incapacity commenced; and
4. is 18 years or over; and
5. is not engaged in full-time study or training; and
6. does not have earnings in excess of the amount of minimum weekly earnings determined under clause 42(3).

7. For the purposes of subclause (1)(d), full-time study or training—

8. includes any full-time course or training leading to an educational or vocational qualification approved by the New Zealand Qualifications Authority that would be likely to enhance the employment prospects, either generally or in respect of any particular profession or occupation, of a person who has attained that qualification; but
9. does not include full-time study or training in living or social skills.

10. The weekly compensation payable is 80% of the claimant's weekly earnings calculated under this clause.

11. The weekly compensation is payable when the claimant has been incapacitated for at least 6 months.

12. For the purpose of calculating the claimant's weekly compensation, the claimant’s weekly earnings are deemed to be the amount of weekly earnings determined under clause 42(3).

13. This clause does not apply if the claimant has an entitlement under any other provision of this schedule to weekly compensation for loss of earnings that is greater than the claimant's entitlement under this clause.

14. A claimant does not have any entitlement to weekly compensation for loss of earnings, if he or she has an entitlement under this clause to weekly compensation for loss of potential earning capacity that is greater than any entitlement he or she has to weekly compensation for loss of earnings under any other provision of this schedule.

15. This clause is subject to clauses 49 to 53.

48Effect of further injury on entitlement to weekly compensation

1. This clause applies to a claimant who—

2. is already entitled to receive weekly compensation; and
3. suffers incapacity from a further personal injury for which the claimant has cover under this Act.

4. If it is necessary to recalculate the claimant's entitlement to weekly compensation, the claimant's entitlement to weekly compensation in respect of incapacity from both personal injuries is calculated using the weekly earnings assessed when calculating the weekly compensation referred to in subclause (1)(a).

5. Subclause (2) does not apply to any subsequent periods of incapacity.

49Earnings definitions for purposes of clause 51

1. Repealed

2. Repealed

3. In clause 51(2), earnings includes any payment made on the termination of employment in respect of leave entitlements. The Corporation must treat such a payment as having been derived after the termination of employment for a period that is equal to the total period that the claimant could have taken as leave if the claimant had not received the payment.

4. In clause 51(2)—

5. earnings includes payments—
   1. whether made in New Zealand or overseas:
   2. whether made in New Zealand currency or an overseas currency:
6. employment includes employment whether in New Zealand or overseas.

7. Payments made in an overseas currency must be treated as having been converted into New Zealand currency at the average rate of foreign exchange offered, at the date of payment, by registered banks in New Zealand.

8. In clause 51(2), earnings includes payments of earnings compensation under the Compensation for Live Organ Donors Act 2016.

9. In clause 51(2), earnings does not include payments of weekly compensation and weekly income compensation under the Veterans’ Support Act 2014.

50Estimation for abatement purposes of earnings that cannot be ascertained

1. This clause applies to a claimant who has—

2. earnings as a self-employed person; or
3. earnings as a shareholder-employee.

4. This clause applies when the Corporation cannot readily ascertain, for abatement purposes, the claimant's actual earnings during a particular period, during incapacity.

5. In order to calculate the claimant's earnings under this Part, the Corporation may estimate an amount that represents reasonable remuneration for the claimant during the period.

6. The Corporation must have regard to—

7. the evidence available of the claimant's earnings; and
8. the nature of the claimant's employment immediately before his or her incapacity commenced; and
9. the nature of the claimant's employment that the claimant has during the period of incapacity.

51Abatement of compensation

1. Repealed

2. In calculating weekly compensation under this Part, the Corporation must reduce the amount of weekly compensation paid to a claimant so as to ensure that the total of the claimant's weekly compensation and earnings after his or her incapacity commences does not exceed the claimant's weekly earnings as calculated under clauses 33 to 45 or 47.

3. Repealed

4. The amount of a claimant's weekly earnings under subclause (2) must be adjusted in the manner provided in section 115.

52Relationship between weekly compensation and New Zealand superannuation

1. Subclause (2) applies to a claimant who—

2. first becomes entitled to weekly compensation before reaching New Zealand superannuation qualification age; and
3. has been entitled to it for 24 months or longer before reaching that age.

4. The claimant loses entitlement to weekly compensation on reaching that age.

5. Subclause (4) applies to a claimant who first becomes entitled to weekly compensation—

6. less than 24 months before reaching New Zealand superannuation qualification age; or
7. on or after reaching New Zealand superannuation qualification age.

8. The claimant is entitled to weekly compensation for 24 months from the date of entitlement to the compensation.

9. Nothing in this clause entitles a claimant to weekly compensation if the claimant is not otherwise entitled to it under this Act.

53Election for purposes of clause 52 (Repealed)

54Lump sum compensation for permanent impairment

1. The Corporation is liable to pay the claimant lump sum compensation in accordance with this schedule, if—

2. the claimant has suffered personal injury, after the commencement of this Part, for which he or she has cover; and
3. the claimant—
   1. has survived the personal injury for not less than 28 days; and
   2. is alive when assessed under clause 59; and
4. an assessment carried out under clause 59 establishes that the claimant's personal injury has resulted in a degree of whole-person impairment of 10% or more.

5. To avoid doubt, there is no entitlement to lump sum compensation in respect of personal injury suffered before 1 April 2002 or in respect of any subsequent consequences of any such personal injury.

55Transitional limits on eligibility for lump sum entitlements

1. A person who suffers mental injury caused by an act to which section 21(1)(c) applies is not entitled to lump sum compensation for permanent impairment under this schedule if the act last occurred before 1 April 2002.

2. A person who suffers personal injury caused by a work-related gradual process, disease, or infection in the circumstances described in section 30(2) is not entitled to lump sum compensation for permanent impairment if one of the following dates preceded 1 April 2002:

3. the date on which the person last performed the task or was employed in the environment in those circumstances:
4. the date on which the person first received treatment for the personal injury as that personal injury:
5. the date on which the personal injury first resulted in the person's incapacity.

6. A person who suffers treatment injury or personal injury caused by medical misadventure is not entitled to lump sum compensation for permanent impairment under this schedule if the date of the treatment which caused the personal injury was before 1 April 2002.

7. If a person's eligibility for lump sum compensation for permanent impairment under this schedule is excluded by this clause and the person has suffered personal injury for which the person has cover because of section 36 or section 37 or section 38, Part 4 of Schedule 1 of the Accident Insurance Act 1998 applies to the person for the purpose of deciding whether the person has an entitlement to an independence allowance.

8. This clause overrides sections 36 to 38.

9. Subclauses (2), (4), and (5) apply subject to clauses 55A to 55D.

55ACertain persons may elect to receive either lump sum compensation or independence allowance: assessment, notification, and election

1. The Corporation must, to enable a person to make an election under subclause (4), determine whether the person meets the criteria for entitlement to both lump sum compensation (under clauses 57 to 60) and an independence allowance (under clauses 58 to 60 of Schedule 1 of the Accident Insurance Act 1998).

2. However, a determination under subclause (1) is required only if the person—

3. suffered a personal injury caused by a work-related gradual process, disease, or infection in the circumstances described in section 30(2); and
4. last performed the task or was employed in the environment in those circumstances before 1 April 2002; and
5. suffered the personal injury on or after the date on which section 33 of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 came into force.

6. The Corporation must, after complying with subclause (1),—

7. make a decision (which, to avoid doubt, is to be treated as a single decision) as to whether the person has, for the purposes of an election under subclause (4), an entitlement to both lump sum compensation and an independence allowance; and
8. notify the person of its decision, in accordance with section 64, and include with that notification information about—
   1. the Corporation’s assessment of the person’s degree of whole-person impairment; and
   2. the amounts of lump sum compensation and independence allowance that the person would, if he or she elected to receive that compensation or allowance, be entitled to receive; and
   3. the Corporation’s estimate of the period for which the person would need to receive an independence allowance for that allowance to equal the value of the lump sum compensation that would be payable to the person, calculated using appropriate actuarial methodology; and
9. inform the person—
   1. that he or she is entitled to elect which of the entitlements he or she wishes to receive; and
   2. of the matters specified in subclause (4).

10. A person who is assessed as having an entitlement to either lump sum compensation or an independence allowance—

11. may, within 60 days of being given notification in accordance with section 64, elect which entitlement he or she wishes to receive; or
12. is, if no election is made within 60 days, deemed to have elected to receive an independence allowance.

13. An election under subclause (4)(a) must be made in writing to the Corporation.

14. Section 37 applies for the purposes of subclause (2)(c).

15. Section 64 applies to a notification by the Corporation under this clause as if the notification were a notice of a decision on a claim.

55BCertain persons may elect to receive either lump sum compensation or independence allowance: persons not entitled to make election under clause 55A

1. If the result of the Corporation’s determination under clause 55A(1) is that the person does not meet the criteria for entitlement to both lump sum compensation and an independence allowance, the following provisions apply:

2. if the person meets the criteria for entitlement to lump sum compensation but not an independence allowance, the person may not exercise the right of election under clause 55A(4) but is entitled to receive lump sum compensation:
3. if the person meets the criteria for entitlement to an independence allowance but not lump sum compensation, the person may not exercise the right of election under clause 55A(4) but is entitled to receive an independence allowance:
4. if the person does not meet the criteria for entitlement to lump sum compensation or an independence allowance, the person may not exercise the right of election under clause 55A(4) and the Corporation must decline the person’s claims to those entitlements.

5. However, the Corporation must again comply with clause 55A(1) in relation to a person if—

6. the person has been reassessed under clause 61 of Schedule 1 of the Accident Insurance Act 1998, and the reassessment indicates that the person’s degree of whole-person impairment has changed; or
7. a review of the Corporation’s decision (under section 134), or an appeal (under section 149), has resulted in a change to the assessment of the person’s degree of whole-person impairment.

55CCertain persons may elect to receive either lump sum compensation or independence allowance: reassessment, notification, and further election

1. A person may make a further election if—

2. the person has elected, or is deemed to have elected, to receive (or continue to receive) an independence allowance; and
3. either of the situations in subclause (2) apply.

4. The situations are that—

5. the person has been reassessed under clause 61 of Schedule 1 of the Accident Insurance Act 1998, and the reassessment indicates that the person’s degree of whole-person impairment has changed:
6. a review of the Corporation’s decision (under section 134), or an appeal (under section 149), has resulted in a change to the assessment of the person’s degree of whole-person impairment.

7. If either of the situations in subclause (2) apply, the Corporation must—

8. provide the person with the information specified in clause 55A(3)(b), updated to take account of the change in circumstances; and
9. inform the person—
   1. that he or she is entitled to make a further election, in light of the reassessment, as to which of the entitlements he or she wishes to receive; and
   2. of the matters specified in subclause (4).

10. A person to whom either of the situations in subclause (2) applies—

11. may, within 60 days of being given the information specified in subclause (3), make a further election as to which entitlement he or she wishes to receive; or
12. is, if no election is made within 60 days, deemed to have elected to continue to receive an independence allowance.

13. An election under subclause (4)(a) must be made in writing to the Corporation.

55DCertain persons may elect to receive either lump sum compensation or independence allowance: general

1. The information referred to in clause 55C(3)(a) must, in relation to the amount of lump sum compensation payable, take into account any amount of independence allowance paid to the person following his or her initial election, or deemed election, as the case may be, under clause 55A(4) or 55C(4).

2. If a claimant makes a further election, in accordance with clause 55C(4)(a), in which he or she elects to receive lump sum compensation, the amount of lump sum compensation payable must be reduced by any amount of independence allowance paid to the person—

3. following his or her initial election, or deemed election, as the case may be, under clause 55A(4) or 55C(4):
4. in accordance with clause 55B(1)(b).

5. A person is not entitled to receive both a lump sum payment and an independence allowance in respect of the same personal injury.

6. However, subclause (3) does not apply to a person who has received—

7. both entitlements (at different times) as a result of a further election made in accordance with clause 55C:
8. an independence allowance before any right to election arose.

9. Part 4 of Schedule 1 of the Accident Insurance Act 1998 applies for the purposes of deciding whether a person has an entitlement to an independence allowance for the purposes of clauses 55A and 55C.

56Amount of lump sum compensation for permanent impairment

1. The amount of lump sum compensation for permanent impairment that the Corporation is liable to pay to a claimant is the appropriate amount specified in regulations made under this Act.

2. The regulations apply subject to subclauses (3) to (5).

3. The minimum lump sum compensation for permanent impairment that the Corporation is liable to pay to a claimant is—

4. $2,500; and
5. payable to a claimant whose degree of whole-person impairment is 10%.

6. The maximum lump sum compensation for permanent impairment that the Corporation is liable to pay to a claimant is—

7. $100,000; and
8. payable to a claimant whose degree of whole-person impairment is 80% or more.

9. The amounts specified in regulations, the minimum amount specified in subclause (3), and the maximum amount specified in subclause (4) must be adjusted in the manner provided in section 116.

57Corporation not to assess entitlement until it receives medical certificate as to stability of claimant's condition

1. The Corporation must not assess the claimant's entitlement to lump sum compensation until the earlier of the following:

2. the Corporation receives a certificate from a medical practitioner indicating that—
   1. the claimant's condition resulting from the personal injury has stabilised; and
   2. it is likely that there is permanent impairment resulting from the personal injury; or
3. after 2 years have passed since the date of the personal injury, the Corporation receives a certificate from a medical practitioner indicating that—
   1. the claimant's condition resulting from the personal injury has not stabilised; but
   2. it is likely that there is permanent impairment resulting from the personal injury.

4. If the claimant is under 16 years of age and has cover for personal injury that is a mental injury, the Corporation must not assess the claimant's entitlement to lump sum compensation for the mental injury until the claimant turns 16 years of age, unless the Corporation is satisfied that there are compelling reasons for assessing the claimant's entitlement earlier.

5. A certificate provided under subclause (1) in respect of personal injury that is mental injury must—

6. state that it is likely that permanent impairment has arisen from the mental injury; and
7. be provided by a medical practitioner who is suitably qualified (to the Corporation's satisfaction) to assess mental injury.

8. The Corporation is liable to pay for the reasonable costs associated with the provision of a certificate under subclause (1).

58Appointment of assessors

1. The Corporation must appoint and pay as many assessors as it considers necessary to do assessments under clauses 59 and 61.

2. In appointing a person to be an assessor, the Corporation must have regard to the skills, qualifications, and training the Corporation considers appropriate for a person to do the assessments under those clauses.

59Assessment of entitlement to lump sum compensation

1. After the Corporation receives a certificate under clause 57, the Corporation must authorise an assessor to do an assessment of the claimant.

2. An assessor assesses the claimant's percentage of whole-person impairment.

3. In doing an assessment under this clause, an assessor must—

4. assess the claimant in accordance with regulations made under this Act; and
5. exclude from the assessment any permanent impairment—
   1. that does not result from personal injury for which the claimant has cover under this Act:
   2. arising from personal injuries suffered before the commencement of this Part; and
6. include in the assessment any permanent impairment for which the claimant has received lump sum compensation under this Part.

7. Subclause (3) applies subject to any regulations made under this Act.

8. A claimant who has suffered more than 1 personal injury must be assessed by establishing, in accordance with regulations made under this Act, the combined effect of those injuries.

9. However, no claimant is to be assessed as having more than 100% whole-person impairment.

10. The Corporation is liable to pay the claimant's reasonable costs associated with the assessment.

60Payment of lump sum compensation for permanent impairment

1. The Corporation determines an amount of lump sum compensation based on an assessment of whole-person impairment under clause 59 and regulations under clause 56.

2. Any amount derived under subclause (1) has deducted from it any lump sum compensation for permanent impairment received previously under this Part, as adjusted under subclause (3).

3. If a claimant has received lump sum compensation for permanent impairment previously under this Part, the amount received previously must be adjusted for the purposes of subclause (2) in the manner provided in section 116.

4. The Corporation must notify the claimant of—

5. the assessed degree of whole-person impairment; and
6. the amount of lump sum compensation payable, if any.

61Reassessment of entitlement to lump sum compensation

1. Clauses 54 to 60 apply to reassessments under this clause.

2. The Corporation must arrange for an assessor to reassess a claimant if—

3. the claimant was assessed after the Corporation received a certificate under clause 57(1)(b) and before the Corporation received a certificate under clause 57(1)(a); and
4. the Corporation then receives a certificate under clause 57(1)(a).

5. A reassessment under subclause (2) is not a reassessment for the purposes of subclause (7).

6. The Corporation must arrange for an assessor to reassess a claimant who produces to the Corporation a certificate from a medical practitioner indicating that the claimant's permanent impairment is likely to have increased since the date of assessment.

7. Subclause (4) is subject to subclauses (6) and (7).

8. A certificate provided under subclause (4) in respect of personal injury that is mental injury must be provided by a medical practitioner who is suitably qualified (to the Corporation's satisfaction) to assess mental injury.

9. A claimant is not entitled to more than 1 reassessment under subclause (4) in any 12-month period.

62Payment of entitlement to lump sum compensation to deceased claimant's estate

1. If a claimant dies after the completion of the assessment of the degree of permanent impairment but before payment of the lump sum, the Corporation is liable to pay the lump sum to the deceased claimant's estate.

63Child not born at date of claimant's death

1. For the purposes of this Part, any child of the claimant who is born within 12 months after the claimant's death is deemed to be—

2. dependent on the claimant at the date of the claimant's death; and
3. under the care of the surviving parent of the child on that date.

64Funeral grant

1. The Corporation is liable to pay to a deceased claimant's estate a funeral grant of the lesser of—

2. the actual costs of the funeral; or
3. $4,500.

4. Adjustments to the amount specified in subclause (1) must be made in the manner provided in section 116.

65Survivor's grant

1. The Corporation is liable to pay a survivor's grant for a deceased claimant as follows:

2. to a surviving spouse or partner of the claimant, $4,702.79 but, if there is more than 1 surviving spouse or partner, the Corporation must divide that amount equally between them:
3. to each child of the claimant who has not yet turned 18 years, $2,351.40:
4. to any other dependant of the claimant, $2,351.40.

5. Adjustments to the amounts specified in subclause (1) must be made in the manner provided in section 116.

66Weekly compensation for surviving spouse or partner

1. The Corporation is liable to pay weekly compensation to a surviving spouse or partner of a deceased claimant.

2. Weekly compensation payable under this clause is payable from the date of the claimant's death at the rate of 60% of—

3. the weekly compensation for loss of earnings to which the claimant would have been entitled at the end of 5 weeks of incapacity, had he or she lived but been totally incapacitated; or
4. the weekly compensation for loss of potential earning capacity to which the claimant would have been entitled at the end of 6 months of incapacity, had he or she lived but been totally incapacitated.

5. Subclause (2) is subject to clause 74.

6. The Corporation must not cancel or suspend the surviving spouse's or partner's weekly compensation—

7. because the spouse or partner marries, enters into a civil union, or enters into a de facto relationship; or
9. because of the age that the claimant would have reached if he or she had not died.

10. The surviving spouse or partner ceases to be entitled to weekly compensation on the latest of—

11. the end of 5 consecutive years from the date on which it first became payable:
12. the surviving spouse or partner ceasing to have the care of all of the children who are under the age of 18 years:
13. the youngest of the children of the deceased who is in the care of the surviving spouse or partner turning 18 years:
14. the surviving spouse or partner ceasing to have the care of all other dependants of the deceased claimant who were in the surviving spouse's or partner's care.

67Surviving spouse or partner may choose to convert weekly compensation to aggregated payment or payments

1. A surviving spouse or partner may choose to convert an entitlement to weekly compensation under clause 66 to 1 or more aggregated payments.

2. The Corporation must, if requested by the spouse or partner, provide the spouse or partner with actuarial calculations of any options specified by the spouse or partner for aggregating the spouse's entitlement under clause 66.

3. The spouse or partner must not specify an option under subclause (2) involving 2 or more payments unless the payments are to be made at 6-monthly intervals.

4. A spouse or partner converts his or her entitlement to weekly compensation under clause 66 to aggregated payments by giving the Corporation notice in writing of the option the spouse or partner has chosen.

5. If the Corporation provides aggregated payments to a spouse or partner in accordance with the option chosen by the spouse or partner, the Corporation must not provide weekly compensation to the spouse or partner under clause 66.

68Relationship between surviving spouse's or partner's weekly compensation and New Zealand superannuation (Repealed)

69Election for purposes of clause 68 (Repealed)

70Weekly compensation for child

1. The Corporation is liable to pay weekly compensation to a child of a deceased claimant.

2. Compensation payable under this clause is payable from the date of the claimant's death at the rate of 20% of—

3. the compensation for loss of earnings to which the claimant would have been entitled at the end of 5 weeks of incapacity, had he or she lived but been totally incapacitated; or
4. the compensation for loss of potential earning capacity to which the claimant would have been entitled at the end of 6 months of incapacity, had he or she lived but been totally incapacitated.

5. Subclause (2) is subject to clause 74.

6. The Corporation must not cancel or suspend the child's weekly compensation because of the age that the claimant would have reached if he or she had not died.

7. The child ceases to be entitled to weekly compensation on the later of—

8. the end of the calendar year in which the child turns 18 years; or
9. if the child is in full-time study at a place of education, the earliest of ceasing the study, completing the study, or turning 21 years.

10. The Corporation must double the compensation payable for each parent if both the child's parents have died.

71Weekly compensation for other dependants

1. The Corporation is liable to pay weekly compensation to any other dependant of a deceased claimant.

2. Compensation payable under this clause is payable from the date of the claimant's death at the rate of 20% of—

3. the compensation for loss of earnings to which the claimant would have been entitled at the end of 5 weeks of incapacity, had he or she lived but been totally incapacitated; or
4. the compensation for loss of potential earning capacity to which the claimant would have been entitled at the end of 6 months of incapacity, had he or she lived but been totally incapacitated.

5. Subclause (2) is subject to clause 74.

6. The Corporation must not cancel or suspend the other dependant's weekly compensation because of the age that the claimant would have reached if he or she had not died.

7. The other dependant ceases to be entitled to weekly compensation on the earlier of the following:

8. the other dependant has or will have, over a period of 12 months, average earnings per week greater than the minimum weekly earnings as determined under clause 42(3):
9. if clause 72 applies to the other dependant, the event occurs under that clause that ends the other dependant's entitlement to weekly compensation.

72Relationship between other dependant’s weekly compensation and New Zealand superannuation

1. Subclause (2) applies to any other dependant who—

2. is entitled to weekly compensation immediately before reaching New Zealand superannuation qualification age; and
3. has been entitled to it for 24 months or longer before reaching that age.

4. The dependant loses entitlement to weekly compensation on reaching that age.

5. Subclause (4) applies to any other dependant who first becomes entitled to weekly compensation—

6. less than 24 months before reaching New Zealand superannuation qualification age; or
7. on or after reaching New Zealand superannuation qualification age.

8. The dependant is entitled to weekly compensation for 24 months from the date of entitlement to the compensation.

9. Nothing in this clause entitles any other dependant to weekly compensation if the dependant is not otherwise entitled to it under this Act.

73Election for purposes of clause 72 (Repealed)

74Maximum payments

1. The total amount of weekly compensation payable under clauses 66 to 73 must not exceed—

2. the weekly compensation for loss of earnings to which the claimant would have been entitled at the end of 5 weeks of incapacity, had he or she lived but been totally incapacitated; or
3. the weekly compensation for loss of potential earning capacity to which the claimant would have been entitled at the end of 6 months of incapacity, had he or she lived but been totally incapacitated.

4. The Corporation may reduce all weekly compensation calculated under those clauses pro rata, and may readjust it from time to time, if the Corporation considers the reduction and readjustment is necessary for the purposes of subclause (1).

75Spouse or partner status or dependency arising after date of personal injury

1. The Corporation is liable to provide entitlements to a person who—

2. becomes the spouse or partner or a dependant of the claimant after the date on which the claimant suffered personal injury; and
3. is the spouse or partner or a dependant of the claimant at the date of the claimant's death as a result of personal injury for which he or she has cover.

4. Subclause (1) is subject to subclause (3).

5. The Corporation is not liable under subclause (1) if the Corporation decides, on reasonable grounds, that the main purpose of the person in becoming a spouse or partner or dependant was to qualify for entitlements.

76Child care payments for children of deceased claimant

1. The Corporation is liable to pay a child of a deceased claimant a payment for child care on receiving a written application for it by or on behalf of the child.

2. The amount of any weekly entitlement to payment for child care per child is as follows:

3. if the number of children of a deceased claimant entitled to payment for child care is 1, $100; and
4. if the number of children of a deceased claimant entitled to payment for child care is 2, $60; and
5. if the number of children of a deceased claimant entitled to payment for child care is 3 or more, $140 divided by the number of children of the claimant for whom payment is being made.

6. The Corporation is not liable for any administration costs incurred by or on behalf of the child in purchasing child care.

7. Adjustments to the amounts specified in subclause (2) must be made in the manner provided in section 116.

77Duration of child care payments

1. The Corporation is liable to make payments for child care on and from the date of death of the deceased claimant.

2. The child ceases to be entitled to child care payments on the earlier of—

3. 5 years after the date on which the entitlement started; or
4. on the date on which the—
   1. child turns 14 years; or
   2. if the child is older and needs child care because of his or her physical or mental condition, the child ceases to need child care.

5. A child who, immediately before the deceased claimant's death, was entitled to payments for child care because of the death of another deceased claimant has no entitlement for the subsequent death.

6. However, the Corporation must start counting the 5-year period referred to in subclause (2)(a) at the date of the subsequent death.

7. This clause applies despite anything in this schedule.

78Child care payments made to caregiver

1. The Corporation must make, on behalf of the child, every payment for child care to a person who is responsible for arranging for the child's care.

2. The Corporation is not under an obligation to see to the application of any money paid to any person under subclause (1), and is not liable to the child in respect of any such payment.