Section 387 — Injury Prevention, Rehabilitation, and Compensation Act 2001: Compensation for pecuniary loss not related to earnings under former Acts: child care for child of deceased person

387 Compensation for pecuniary loss not related to earnings under former Acts: child care for child of deceased person (1) This section applies if,— (a) immediately before 1 July 1992, a person ( person A ) was receiving compensation for child care that another person ( person B ), who subsequently died, had been providing on a regular basis for a family or household of which person B was a member; and (b) the compensation was payable under section 121 of the Accident Compensation Act 1972 or section 80 of the Accident Compensation Act 1982; and (c) the compensation was payable because of section 149(7) of the Accident Rehabilitation and Compensation Insurance Act 1992. (2) The sections referred to in subsection (1)(b) (as applied by section 449 of the Accident Insurance Act 1998)— (a) continue to apply to person A and to his or her entitlement to child care, but not other loss of quantifiable service; and (b) may be used from time to time to reassess person A's entitlement to child care. (3) Person A— (a) is not entitled to receive a payment for child care under clause 76 of Schedule 1; but (b) is entitled, not more than once in any 12-month period, to elect to be assessed for entitlement to a payment for child care under clause 76 of Schedule 1. (4) A person who has had an assessment under subsection (3)(b) may irrevocably elect to have his or her entitlement to a payment for child care determined from then on under clause 76 of Schedule 1, in which case subsection (3) no longer applies to him or her. (5) 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 449 Subsection (1)(c) was amended, as from 22 October 2003, by section 10 Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2003 (2003 No 80) by substituting the expression “ 149(7) ” for the expression “ 149(5) ” .