Section Sch1-55D — Injury Prevention, Rehabilitation, and Compensation Act 2001: Certain persons may elect to receive either lump sum compensation or independence allowance: general

55D Certain persons may elect to receive either lump sum compensation or independence allowance: general (1) The information referred to in clause 55C(3)(a) must, in relation to the amount of lump sum compensation payable, take into account any amount of independence allowance paid to the person following his or her initial election, or deemed election, as the case may be, under clause 55A(4) or 55C(4) . (2) If a claimant makes a further election, in accordance with clause 55C(4)(a) , in which he or she elects to receive lump sum compensation, the amount of lump sum compensation payable must be reduced by any amount of independence allowance paid to the person— (a) following his or her initial election, or deemed election, as the case may be, under clause 55A(4) or 55C(4) : (b) in accordance with clause 55B(1)(b) . (3) A person is not entitled to receive both a lump sum payment and an independence allowance in respect of the same personal injury. (4) However, subclause (3) does not apply to a person who has received— (a) both entitlements (at different times) as a result of a further election made in accordance with clause 55C : (b) an independence allowance before any right to election arose. (5) Part 4 of Schedule 1 of the Accident Insurance Act 1998 applies for the purposes of deciding whether a person has an entitlement to an independence allowance for the purposes of clauses 55A and 55C . Schedule 1 clause 55D: inserted, on 1 August 2008, by section 33(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).