Accident Compensation Act 2001

Corporation to pay weekly compensation to potential earners

47 Corporation 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—

(a)

has an incapacity resulting from a personal injury; and

(b)

was a potential earner immediately before his or her incapacity commenced; and

(c)

is 18 years or over; and

(d)

is not engaged in full-time study or training; and

(e)

does not have earnings in excess of the amount of minimum weekly earnings determined under clause 42(3).

(1A)

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

(a)

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

(b)

does not include full-time study or training in living or social skills.

(2)

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

(3)

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

(4)

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).

(5)

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.

(6)

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.

(7)

This clause is subject to clauses 49 to 53.

Compare: 1998 No 114 Schedule 1 cl 22

Schedule 1 clause 47(1A): inserted, on 1 August 2008, by section 33(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).

Schedule 1 clause 47(4): amended, on 1 July 2010, by section 47(1) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Schedule 1 clause 47(4): amended, on 1 August 2008, by section 33(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).