Section Sch1-55 — Injury Prevention, Rehabilitation, and Compensation Act 2001: Transitional limits on eligibility for lump sum entitlements

55 Transitional limits on eligibility for lump sum entitlements (1) A person who suffers mental injury caused by an act to which section 21(1)(c) applies is not entitled to lump sum compensation for permanent impairment under this schedule if the act last occurred before 1 April 2002. (2) A person who suffers personal injury caused by a work-related gradual process, disease, or infection in the circumstances described in section 30(2) is not entitled to lump sum compensation for permanent impairment if one of the following dates preceded 1 April 2002: (a) the date on which the person last performed the task or was employed in the environment in those circumstances: (b) the date on which the person first received treatment for the personal injury as that personal injury: (c) the date on which the personal injury first resulted in the person's incapacity. (3) A person who suffers treatment injury or personal injury caused by medical misadventure is not entitled to lump sum compensation for permanent impairment under this schedule if the date of the treatment which caused the personal injury was before 1 April 2002. (4) If a person's eligibility for lump sum compensation for permanent impairment under this schedule is excluded by this clause and the person has suffered personal injury for which the person has cover because of section 36 or section 37 or section 38 , Part 4 of the Accident Insurance Act 1998 applies to the person for the purpose of deciding whether the person has an entitlement to an independence allowance. (5) This clause overrides sections 36 to 38 . (6) Subclauses (2), (4), and (5) apply subject to clauses 55A to 55D . Subclause (2)(c) was inserted, as from 1 July 2005, by section 60(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45). Subclause (3) was substituted, as from 1 July 2005, by section 60(5) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45). Schedule 1 clause 55(6): added, on 1 August 2008, by section 33(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).