Section 117 — Injury Prevention, Rehabilitation, and Compensation Act 2001: Corporation may suspend, cancel, or decline entitlements
Text of the provision Official document
117 Corporation may suspend, cancel, or decline entitlements (1) The Corporation may suspend or cancel an entitlement if it is not satisfied, on the basis of the information in its possession, that a claimant is entitled to continue to receive the entitlement. (2) The Corporation must give the claimant written notice of the proposed suspension or cancellation within a reasonable period before the proposed starting date. (3) The Corporation may decline to provide any entitlement for as long as the claimant unreasonably refuses or unreasonably fails to— (a) comply with any requirement of this Act relating to the claimant's claim; or (b) undergo medical or surgical treatment for his or her personal injury, being treatment that the claimant is entitled to receive; or (c) agree to, or comply with, an individual rehabilitation plan. (3A) If the Corporation declines, under subsection (3) , to provide an entitlement for any period, the Corporation must start providing the entitlement again if satisfied that— (a) subsection (3) no longer applies to the claimant; and (b) the claimant is eligible to the entitlement. (3B) The Corporation is not required to make any payment of the entitlement for the period during which it was declined under subsection (3) , even though it may have started providing the entitlement again under subsection (3A) . However, the Corporation may make such payment if the Corporation believes that— (a) exceptional circumstances exist; and (b) it would be inequitable to refuse to do so. (3C) An entitlement that has been declined for any period under subsection (3) must be provided by the Corporation, with effect from the beginning of that period, if— (a) the Corporation's decision to decline to provide the entitlement for that period is— (i) revised under section 65 ; or (ii) quashed on review or appeal; and (b) the claimant was otherwise entitled to receive the entitlement for that period. (4) This section does not limit or affect any other power of the Corporation to decline or end an entitlement. Compare: 1998 No 114 s 116 Subsections (3A) to (3C) were inserted, as from 1 July 2005, by section 24 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).
Official source: legislation.govt.nz
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