Section Sch1-55C — Injury Prevention, Rehabilitation, and Compensation Act 2001: Certain persons may elect to receive either lump sum compensation or independence allowance: reassessment, notification, and further election

55C Certain persons may elect to receive either lump sum compensation or independence allowance: reassessment, notification, and further election (1) A person may make a further election if— (a) the person has elected, or is deemed to have elected, to receive (or continue to receive) an independence allowance; and (b) either of the situations in subclause (2) apply. (2) The situations are that— (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: (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. (3) If either of the situations in subclause (2) apply, the Corporation must— (a) provide the person with the information specified in clause 55A(3)(b) , updated to take account of the change in circumstances; and (b) inform the person— (i) that he or she is entitled to make a further election, in light of the reassessment, as to which of the entitlements he or she wishes to receive; and (ii) of the matters specified in subclause (4). (4) A person to whom either of the situations in subclause (2) applies— (a) may, within 60 days of being given the information specified in subclause (3), make a further election as to which entitlement he or she wishes to receive; or (b) is, if no election is made within 60 days, deemed to have elected to continue to receive an independence allowance. (5) An election under subclause (4)(a) must be made in writing to the Corporation. Schedule 1 clause 55C: inserted, on 1 August 2008, by section 33(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).