Section 377 — Injury Prevention, Rehabilitation, and Compensation Act 2001: Independence allowance for personal injury suffered before 1 July 1999

377 Independence allowance for personal injury suffered before 1 July 1999 (1) On the commencement of this section, sections 441 and 442 of the Accident Insurance Act 1998 cease to have effect. (2) A person who suffered personal injury before 1 July 1999 is entitled to be assessed for an independence allowance under Part 4 of Schedule 1 of the Accident Insurance Act 1998, irrespective of when the claim for cover for the personal injury was or is lodged, subject to the modifications set out in subsection (3) . (3) The modifications are that— (a) any assessment or reassessment must be done on the basis of whole-person impairment for the combined effect of all injuries suffered before 1 July 1999 for which the person has cover; and (b) the percentage of impairment for which any lump sum compensation was received under section 119 of the Accident Compensation Act 1972 or section 78 of the Accident Compensation Act 1982, or both, must be deducted from the percentage of combined whole-person impairment assessed in accordance with paragraph (a) ; and (c) the independence allowance based on the first assessment is payable as from,— (i) in the case of a person who has received lump sum compensation under section 119 of the Accident Compensation Act 1972 or section 78 of the Accident Compensation Act 1982, or both, the date of the application for an independence allowance; or (ii) in any other case, the later of the date on which the claim for cover was lodged or 1 July 1992. Section 377 was substituted, as from 1 July 2005, by section 59 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).