Section Sch1-52 — Injury Prevention, Rehabilitation, and Compensation Act 2001: Relationship between weekly compensation and New Zealand superannuation

52 Relationship between weekly compensation and New Zealand superannuation (1) Subclause (2) applies to a claimant who— (a) first becomes entitled to weekly compensation before reaching New Zealand superannuation qualification age; and (b) has been entitled to it for 24 months or longer before reaching that age. (2) Such a claimant loses his or her entitlement to weekly compensation on reaching that age. (3) Subclauses (4) and (5) apply to a claimant who first becomes entitled to weekly compensation 12 months or more, but less than 24 months, before reaching New Zealand superannuation qualification age. (4) Such a claimant is entitled to weekly compensation for 24 months from the date of entitlement to the compensation. (5) However, the claimant's entitlement to the compensation is dependent on his or her making an election to be entitled, after reaching New Zealand superannuation qualification age, to the compensation, rather than to New Zealand superannuation. (6) Subclauses (7) and (8) apply to a claimant who first becomes entitled to weekly compensation— (a) within 12 months before reaching New Zealand superannuation qualification age; or (b) on or after reaching New Zealand superannuation qualification age. (7) Such a claimant is entitled to the weekly compensation for a period of 12 months following the later of— (a) the date of reaching New Zealand superannuation qualification age; or (b) the date of entitlement to weekly compensation. (8) The claimant is then entitled to the weekly compensation for the next 12 months, if he or she makes an election to be entitled, during those 12 months, to the compensation, rather than to New Zealand superannuation. (9) Nothing in this clause entitles a claimant to weekly compensation if he or she is not otherwise entitled to it under this schedule. Compare: 1998 No 114 Schedule 1 cl 25 Subclause (1)(a) was amended, as from 1 July 2005, by section 60(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45) by substituting the words “ first becomes ” for the word “ is ” . Subclause (1)(a) was amended, as from 1 July 2005, by section 60(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45) by omitting the word “ immediately ” . Subclauses (3) and (6) were amended, as from 1 July 2005, by section 60(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45) by inserting the word “ first ” before the words “ becomes entitled ” .