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New Zealand Legislation: Acts

Acts are laws made by Parliament

Contents

Part 1
Rehabilitation

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

2 When Corporation is liable to pay cost of treatment

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

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

5 Corporation may require claimant to supply information about treatment

6 When Corporation must not decline to pay cost of treatment

Individual rehabilitation plans

7 Preparation of individual rehabilitation plan

8 Agreement to plan

9 Disputes about plan

10 Corporation and claimant may agree to modify plan

Ancillary services related to rehabilitation

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

Social rehabilitation

13 Aids and appliances

14 Attendant care

16 Education support

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

19 Modifications to home: rights and responsibilities

20 Training for independence

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

22 Transport for independence: rights and responsibilities

23 Corporation not liable to ensure claimant pays rehabilitation provider

Vocational rehabilitation

24 Occupational assessor

25 Conduct of occupational assessment

26 Report on occupational assessment

27 Medical assessor

28 Conduct of medical assessment

29 Report on medical assessment

Part 2
Weekly compensation

30 Meaning of relevant year

31 Use of income tax returns in determining earnings

Corporation to pay weekly compensation after first week of incapacity

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

Employee in permanent employment

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

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

Employee not in permanent employment

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

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

Self-employed claimant

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

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

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

Shareholder-employee

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

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

Aggregation of calculations

41 Calculations for multiple employment situations

Adjustments for low earners

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

Claimant no longer an employee

43 Weekly earnings if employment ended before commencement of incapacity

Employee on unpaid parental leave

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

Estimated earnings

45 Interim estimation of weekly earnings that cannot be ascertained

Maximum compensation

46 Maximum weekly compensation for loss of earnings

Corporation to pay weekly compensation to potential earners

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

48 Effect of further injury on entitlement to weekly compensation

49 Earnings definitions for purposes of clause 51

50 Estimation for abatement purposes of earnings that cannot be ascertained

51 Abatement of compensation

Effect of New Zealand superannuation

52 Relationship between weekly compensation and New Zealand superannuation

53 Election for purposes of clause 52

Part 3
Lump sum compensation for permanent impairment

54 Lump sum compensation for permanent impairment

55 Transitional limits on eligibility for lump sum entitlements

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

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

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

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

56 Amount of lump sum compensation for permanent impairment

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

58 Appointment of assessors

59 Assessment of entitlement to lump sum compensation

60 Payment of lump sum compensation for permanent impairment

61 Reassessment of entitlement to lump sum compensation

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

Part 4
Entitlements arising from fatal injuries

63 Child not born at date of claimant's death

64 Funeral grant

65 Survivor's grant

66 Weekly compensation for surviving spouse or partner

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

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

69 Election for purposes of clause 68

70 Weekly compensation for child

71 Weekly compensation for other dependants

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

73 Election for purposes of clause 72

74 Maximum payments

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

Child care payments

76 Child care payments for children of deceased claimant

77 Duration of child care payments

78 Child care payments made to caregiver