Section Sch1-55B — Injury Prevention, Rehabilitation, and Compensation Act 2001: Certain persons may elect to receive either lump sum compensation or independence allowance: persons not entitled to make election under clause 55A

55B Certain persons may elect to receive either lump sum compensation or independence allowance: persons not entitled to make election under clause 55A (1) If the result of the Corporation’s determination under clause 55A(1) is that the person does not meet the criteria for entitlement to both lump sum compensation and an independence allowance, the following provisions apply: (a) if the person meets the criteria for entitlement to lump sum compensation but not an independence allowance, the person may not exercise the right of election under clause 55A(4) but is entitled to receive lump sum compensation: (b) if the person meets the criteria for entitlement to an independence allowance but not lump sum compensation, the person may not exercise the right of election under clause 55A(4) but is entitled to receive an independence allowance: (c) if the person does not meet the criteria for entitlement to lump sum compensation or an independence allowance, the person may not exercise the right of election under clause 55A(4) and the Corporation must decline the person’s claims to those entitlements. (2) However, the Corporation must again comply with clause 55A(1) in relation to a person if— (a) the person has been reassessed under clause 61 of Schedule 1 of the Accident Insurance Act 1998, and the reassessment indicates that the person’s degree of whole-person impairment has changed; or (b) a review of the Corporation’s decision (under section 134 ), or an appeal (under section 149 ), has resulted in a change to the assessment of the person’s degree of whole-person impairment. Schedule 1 clause 55B: inserted, on 1 August 2008, by section 33(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).