Section 374 — Injury Prevention, Rehabilitation, and Compensation Act 2001: Compensation for pecuniary loss not related to earnings under 1972 and 1982 Acts: attendant care and household help

374 Compensation for pecuniary loss not related to earnings under 1972 and 1982 Acts: attendant care and household help (1) This section applies if— (a) a person was receiving compensation at a weekly rate of $350 or more immediately before 1 July 1992; and (b) the compensation was paid under section 80 of the Accident Compensation Act 1982 or section 121 of the Accident Compensation Act 1972 and was for— (i) attendant care, meaning personal care and mobility assistance necessary for the injured person; or (ii) household help, meaning provision of assistance for domestic activities that would be performed by the injured person if not injured and that is necessary to enable the person to remain in or take up suitable residence; and (c) the compensation was payable because of section 149(3) or (4) of the Accident Rehabilitation and Compensation Insurance Act 1992. (2) The sections referred to in subsection (1)(b) — (a) continue to apply to the person and to his or her entitlement to attendant care or household help; and (b) can be used from time to time to reassess the person's entitlement to attendant care or household help. (3) The person— (a) is not entitled to receive attendant care or home help under clauses 12 to 23 of Schedule 1; but (b) is entitled, not more than once in any 12-month period, to elect to be assessed for entitlement to attendant care or home help under clauses 12 to 23 of Schedule 1. (4) A person who has had an assessment under subsection (3)(b) may irrevocably elect to have his or her entitlements to attendant care and home help determined from then on under clauses 12 to 23 of Schedule 1, in which case subsection (3) no longer applies to him or her. (5) For the purposes of subsection (1) , a person was receiving compensation immediately before 1 July 1992 if he or she was entitled to do so because of a decision on review or appeal given on or after that date on an application for review made before 1 October 1992. Compare: 1998 No 114 s 437