Section 368 — Injury Prevention, Rehabilitation, and Compensation Act 2001: Weekly payments for permanent incapacity under 1972 and 1982 Acts

368 Weekly payments for permanent incapacity under 1972 and 1982 Acts (1) Section 369 and clause 51 of Schedule 1 do not apply to any payment calculated under section 114 of the Accident Compensation Act 1972 or section 60 of the Accident Compensation Act 1982. (2) Subsection (3) applies to a person who— (a) was receiving a payment under section 114 of the Accident Compensation Act 1972 or section 60 of the Accident Compensation Act 1982 immediately before 1 April 2002; and (b) continues to receive it after that date under section 365(3) ; and (c) suffers a deterioration of his or her condition caused by the personal injury or another personal injury covered by this Act that results in loss of earnings. (3) The weekly payment payable to the person is the greater of— (a) the weekly compensation calculated under Part 2 of Schedule 1; or (b) the weekly amount payable under section 365(3) . (4) No compensation is payable under this section or section 365 unless— (a) an assessment of compensation has been made under section 114 of the Accident Compensation Act 1972 or section 60 of the Accident Compensation Act 1982; and (b) the assessment was completed— (i) before 1 October 1992; or (ii) on or after 1 October 1992 only because an application for review of a decision about the assessment was lodged before 1 October 1992 under Part 9 of the Accident Compensation Act 1982. Compare: 1998 No 114 s 431