Section 223 — Injury Prevention, Rehabilitation, and Compensation Act 2001: Persons eligible to purchase weekly compensation

223 Persons eligible to purchase weekly compensation (1) A person who is or has been an earner and is a person described in subsection (2) may apply to purchase from the Corporation the right to receive weekly compensation in respect of a period for which the person would not otherwise be entitled to receive weekly compensation. (2) The application may be made only by a person who— (a) makes the application while still in employment or within 1 month after ceasing employment; and (b) pays the levy when required to do so. (3) The application must specify— (a) the date on which the right to receive weekly compensation will start, which may be the date on which the application is made or any later date; and (b) the period for which the application is applicable, which may not be more than 2 years; and (c) an amount that is to be regarded as the earnings of the person for the purpose of the application, which may not exceed the weekly earnings of the person calculated under Schedule 1 as if— (i) the person were in employment; and (ii) the person had an incapacity that commenced on the last full day of the employment referred to in subsection (2)(a) and that resulted from a personal injury for which he or she had cover; and (iia) the weekly earnings were to be calculated for a period of incapacity after the first 5 weeks of incapacity; and (iii) the person would have continued to derive earnings from that employment but for that incapacity. (4) The application has no effect in respect of any personal injury suffered before the application is made. (5) A person who has cover under this section for any period is entitled to renew his or her cover if he or she does not return to work before that cover period expires. (6) A person who is on parental leave within the meaning of the Parental Leave and Employment Protection Act 1987 , or who has had an application for parental leave approved under that Act, is regarded as being still in employment for the purposes of subsection (2) and, for the purposes of subsection (3)(c), the person’s weekly earnings are to be calculated as if the period of incapacity was before the commencement of the person’s parental leave. Compare: 1998 No 114 s 286 Subsection (2) was substituted, as from 1 July 2005, by section 38 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45). Section 223(3)(b): amended, on 1 August 2008, by section 24(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46). Section 223(3)(c)(i): amended, on 1 August 2008, by section 24(2) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46). Section 223(3)(c)(ii): substituted, on 1 August 2008, by section 24(3) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46). Section 223(3)(c)(iia): inserted, on 1 August 2008, by section 24(3) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46). Section 223(6): substituted, on 1 August 2008, by section 24(4) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).