Accident Compensation Act 2001

36 Weekly 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

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

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

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

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:

(a)

any period during which the claimant was entitled to weekly compensation:

(b)

any continuous period of unpaid sick leave, during a period of employment, of more than 1 week:

(ba)

any period during which the claimant was within a payment period under the Compensation for Live Organ Donors Act 2016:

(c)

any period during which—

(i)

the claimant did not receive earnings as an employee; and

(ii)

the claimant did receive earnings as a self-employed person or as a shareholder-employee; and

(iii)

those earnings ceased before the commencement of the claimant’s incapacity:

(d)

any earnings in respect of any period under paragraph (a), (b), (ba), or (c).

(4)

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.

(5)

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.

Schedule 1 clause 36: substituted, on 1 July 2010, by section 47(1) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Schedule 1 clause 36(3)(ba): inserted, on 5 December 2017, by section 30 of the Compensation for Live Organ Donors Act 2016 (2016 No 96).

Schedule 1 clause 36(3)(d): amended, on 5 December 2017, by section 30 of the Compensation for Live Organ Donors Act 2016 (2016 No 96).