Section Sch1-31 — Social Security Act 2018: Loss of earnings compensation under Accident Compensation Act 2001

31 Loss of earnings compensation under Accident Compensation Act 2001 Section 198(2) does not apply if— (a) a person ( P ) mentioned in section 198(1)(a) is entitled to receive, and is receiving, a specified benefit as defined in section 198(3); and (b) P was immediately before 1 July 1999 receiving a benefit under the Social Security Act 1964 that is the same as, or that corresponds to, the specified benefit, and is identified in section 71A(1) of that Act as an income-tested benefit to which section 71A of that Act applies; and (c) P was immediately before 1 July 1999 receiving compensation for loss of earnings or loss of potential earning capacity under the Accident Rehabilitation and Compensation Insurance Act 1992; and (d) section 71A(2) of the Social Security Act 1964 (as that section was before it was repealed and substituted by the Accident Insurance Act 1998) required the compensation payments to be brought to charge as income in the assessment of P’s income-tested benefit under that Act. Compare: 1964 No 136 s 71A(4)