VadeLab

Injury Prevention, Rehabilitation, and Compensation Act 2001

Sections and provisions with full text and the judgments that cite each one.

Section Sch1-50 — Estimation for abatement purposes of earnings that cannot be ascertained

50 Estimation for abatement purposes of earnings that cannot be ascertained (1) This clause applies to a claimant who has— (a) earnings as a self-employed person; or (b) earnings as a…

Section Sch1-51 — Abatement of compensation

51 Abatement of compensation (1) [Repealed] (2) In calculating weekly compensation under this Part, the Corporation must reduce the amount of weekly compensation paid to a claimant so as to ensure…

Section Sch1-52 — Relationship between weekly compensation and New Zealand superannuation

52 Relationship between weekly compensation and New Zealand superannuation (1) Subclause (2) applies to a claimant who— (a) first becomes entitled to weekly compensation before reaching New Zealand…

Section Sch1-53 — Election for purposes of clause 52

53 Election for purposes of clause 52 (1) A claimant must make an election under clause 52(5) or (8) within the period that is the later of the following: (a) within 1 month before the date on which…

Section Sch1-54 — Lump sum compensation for permanent impairment

54 Lump sum compensation for permanent impairment (1) The Corporation is liable to pay the claimant lump sum compensation in accordance with this schedule, if— (a) the claimant has suffered personal…

Section Sch1-55 — 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…

Section Sch1-56 — Amount of lump sum compensation for permanent impairment

56 Amount of lump sum compensation for permanent impairment (1) The amount of lump sum compensation for permanent impairment that the Corporation is liable to pay to a claimant is the appropriate…

Section Sch1-57 — Corporation not to assess entitlement until it receives medical certificate as to stability of claimant's condition

57 Corporation not to assess entitlement until it receives medical certificate as to stability of claimant's condition (1) The Corporation must not assess the claimant's entitlement to lump sum…

Section Sch1-58 — Appointment of assessors

58 Appointment of assessors (1) The Corporation must appoint and pay as many assessors as it considers necessary to do assessments under clauses 59 and 61 . (2) In appointing a person to be an…

Section Sch1-59 — Assessment of entitlement to lump sum compensation

59 Assessment of entitlement to lump sum compensation (1) After the Corporation receives a certificate under clause 57 , the Corporation must authorise an assessor to do an assessment of the…

Section Sch1-60 — Payment of lump sum compensation for permanent impairment

60 Payment of lump sum compensation for permanent impairment (1) The Corporation determines an amount of lump sum compensation based on an assessment of whole-person impairment under clause 59 and…

Section Sch1-61 — Reassessment of entitlement to lump sum compensation

61 Reassessment of entitlement to lump sum compensation (1) Clauses 54 to 60 apply to reassessments under this clause. (2) The Corporation must arrange for an assessor to reassess a claimant if— (a)…

Section Sch1-62 — Payment of entitlement to lump sum compensation to deceased claimant's estate

62 Payment of entitlement to lump sum compensation to deceased claimant's estate If a claimant dies after the completion of the assessment of the degree of permanent impairment but before payment of…

Section Sch1-63 — Child not born at date of claimant's death

63 Child not born at date of claimant's death For the purposes of this Part, any child of the claimant who is born within 12 months after the claimant's death is deemed to be— (a) dependent on the…

Section Sch1-64 — Funeral grant

64 Funeral grant (1) The Corporation is liable to pay to a deceased claimant's estate a funeral grant of the lesser of— (a) the actual costs of the funeral; or (b) $4,500. (2) Adjustments to the…

Section Sch1-65 — Survivor's grant

65 Survivor's grant (1) The Corporation is liable to pay a survivor's grant for a deceased claimant as follows: (a) to a surviving spouse or partner of the claimant, $4,702.79 but, if there is more…

Section Sch1-66 — Weekly compensation for surviving spouse or partner

66 Weekly compensation for surviving spouse or partner (1) The Corporation is liable to pay weekly compensation to a surviving spouse or partner of a deceased claimant. (2) Weekly compensation…

Section Sch1-67 — Surviving spouse or partner may choose to convert weekly compensation to aggregated payment or payments

67 Surviving spouse or partner may choose to convert weekly compensation to aggregated payment or payments (1) A surviving spouse or partner may choose to convert an entitlement to weekly…

Section Sch1-68 — Relationship between surviving spouse's or partner's weekly compensation and New Zealand superannuation

68 Relationship between surviving spouse's or partner's weekly compensation and New Zealand superannuation (1) Subclause (2) applies to a surviving spouse or partner who— (a) is entitled to weekly…

Section Sch1-69 — Election for purposes of clause 68

69 Election for purposes of clause 68 (1) A surviving spouse or partner must make an election under clause 68(2) or (5) within the period that is the latest of the following: (a) within 1 month…

Section Sch1-70 — Weekly compensation for child

70 Weekly compensation for child (1) The Corporation is liable to pay weekly compensation to a child of a deceased claimant. (2) Compensation payable under this clause is payable from the date of the…

Section Sch1-71 — Weekly compensation for other dependants

71 Weekly compensation for other dependants (1) The Corporation is liable to pay weekly compensation to any other dependant of a deceased claimant. (2) Compensation payable under this clause is…

Section Sch1-72 — Relationship between other dependant's weekly compensation and New Zealand superannuation

72 Relationship between other dependant's weekly compensation and New Zealand superannuation (1) Subclause (2) applies to any other dependant who— (a) is entitled to weekly compensation immediately…

Section Sch1-73 — Election for purposes of clause 72

73 Election for purposes of clause 72 (1) The other dependant must make an election under clause 72(5) or (8) within the period that is the latest of the following: (a) within 1 month before the date…

Section Sch1-74 — Maximum payments

74 Maximum payments (1) The total amount of weekly compensation payable under clauses 66 to 73 must not exceed— (a) the weekly compensation for loss of earnings to which the claimant would have been…

Section Sch1-75 — Spouse or partner status or dependency arising after date of personal injury

75 Spouse or partner status or dependency arising after date of personal injury (1) The Corporation is liable to provide entitlements to a person who— (a) becomes the spouse or partner or a dependant…

Section Sch1-76 — Child care payments for children of deceased claimant

76 Child care payments for children of deceased claimant (1) The Corporation is liable to pay a child of a deceased claimant a payment for child care on receiving a written application for it by or…

Section Sch1-77 — Duration of child care payments

77 Duration of child care payments (1) The Corporation is liable to make payments for child care on and from the date of death of the deceased claimant. (2) The child ceases to be entitled to child…

Section Sch1-78 — Child care payments made to caregiver

78 Child care payments made to caregiver (1) The Corporation must make, on behalf of the child, every payment for child care to a person who is responsible for arranging for the child's care. (2) The…

Section Sch1-38A — Weekly earnings if self-employed claimant had earnings as a shareholder-employee in the relevant year

38A Weekly earnings if self-employed claimant had earnings as a shareholder-employee in the relevant year (1) This clause applies if the claimant— (a) had earnings as a self-employed person…

Section Sch1-55A — Certain persons may elect to receive either lump sum compensation or independence allowance: assessment, notification, and election

55A Certain persons may elect to receive either lump sum compensation or independence allowance: assessment, notification, and election (1) The Corporation must, to enable a person to make an…

Section Sch1-55B — 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…

Section Sch1-55C — 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…

Section Sch1-55D — 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…

Section 2 — Commencement

2 Commencement (1) This section and sections 40 to 47 , 265 , and 274(3) come into force on the day after the date on which this Act receives the Royal assent. (2) Clauses 56(5) and 64(2) of Schedule…

Section Sch2-1

1 Pneumoconioses caused by sclerogenetic mineral dust (silicosis, anthraco-silicosis, asbestosis) and silico-tuberculosis, provided that silicosis is an essential factor in causing the resultant…

Section Sch2-10

10 Diseases of a type generally accepted by the medical profession as caused by carbon bisulfide.

Section Sch2-11

11 Diseases of a type generally accepted by the medical profession as caused by the toxic halogen derivatives of hydrocarbons of the aliphatic series.

Section Sch2-12

12 Diseases of a type generally accepted by the medical profession as caused by benzene or its toxic homologues.

Section Sch2-13

13 Diseases of a type generally accepted by the medical profession as caused by nitro- and amido-toxic derivatives of benzene or its homologues.

Section Sch2-14

14 Diseases of a type generally accepted by the medical profession as caused by ionising radiations.

Section Sch2-15

15 Primary epitheliomatous cancer of the skin diagnosed as caused by tar, pitch, bitumen, mineral oil, anthracene, or the compounds, products, or residues of these substances.

Section Sch2-2

2 Lung cancer or mesothelioma diagnosed as caused by asbestos.

Section Sch2-3

3 Diseases of a type generally accepted by the medical profession as caused by beryllium or its toxic compounds.

Section Sch2-4

4 Diseases of a type generally accepted by the medical profession as caused by phosphorus or its toxic compounds.

Section Sch2-5

5 Diseases of a type generally accepted by the medical profession as caused by chrome or its toxic compounds.

Section Sch2-6

6 Diseases of a type generally accepted by the medical profession as caused by manganese or its toxic compounds.

Section Sch2-7

7 Diseases of a type generally accepted by the medical profession as caused by arsenic or its toxic compounds.

Section Sch2-8

8 Diseases of a type generally accepted by the medical profession as caused by mercury or its toxic compounds.

Section Sch2-9

9 Diseases of a type generally accepted by the medical profession as caused by lead or its toxic compounds.