Accident Compensation Act 2001

34 Weekly 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—

a

is the claimant’s earnings as an employee (from that permanent employment) in the 4 weeks immediately before his or her incapacity commenced

b

is the number of full or part weeks during which the claimant earned those earnings as an employee in those 4 weeks.

(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

is the claimant’s earnings as an employee (from employment with that employer) in the 52 weeks immediately before his or her incapacity commenced

b

is the number of full or part weeks during which the claimant earned those earnings as an employee.

(3)

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

(a)

any period during which the claimant was entitled to weekly compensation; and

(b)

any earnings in respect of any such period.

Compare: 1998 No 114 Schedule 1 cl 9

Schedule 1 clause 34 heading: amended, on 1 July 2010, by section 47(1) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Schedule 1 clause 34(1) item a: amended, on 1 July 2010, by section 47(1) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Schedule 1 clause 34(2) item a: amended, on 1 July 2010, by section 47(1) of the Accident Compensation Amendment Act 2010 (2010 No 1).