Accident Compensation Act 2001

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

(1)

This clause applies if the claimant—

(a)

had earnings as a self-employed person immediately before the commencement of his or her incapacity; and

(b)

did not have earnings as a self-employed person in the relevant year; and

(c)

did have earnings as a shareholder-employee in the relevant year; and

(d)

had been employed continuously even though the claimant changed from receiving earnings as a shareholder-employee to receiving earnings as a self-employed person.

(2)

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.

Schedule 1 clause 38A: inserted, on 1 July 2005, by section 60(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).