Schedule 1
Accident Compensation Act 2001
Reprinted as at 1 February 2011
Part 2—continued (a) (b)
(2)
(3)
is already entitled to receive weekly compensation; and suffers incapacity from a further personal injury for which the claimant has cover under this Act. If it is necessary to recalculate the claimant’s entitlement to weekly compensation, the claimant’s entitlement to weekly compensation in respect of incapacity from both personal injuries is calculated using the weekly earnings assessed when calculating the weekly compensation referred to in subclause (1)(a). Subclause (2) does not apply to any subsequent periods of incapacity.
Abatement 49 (1) (2) (3)
(4)
(5)
Earnings definitions for purposes of clause 51 [Repealed] [Repealed] In clause 51(2), earnings includes any payment made on the termination of employment in respect of leave entitlements. The Corporation must treat such a payment as having been derived after the termination of employment for a period that is equal to the total period that the claimant could have taken as leave if the claimant had not received the payment. In clause 51(2)— (a) earnings includes payments— (i) whether made in New Zealand or overseas: (ii) whether made in New Zealand currency or an overseas currency: (b) employment includes employment whether in New Zealand or overseas. Payments made in an overseas currency must be treated as having been converted into New Zealand currency at the average rate of foreign exchange offered, at the date of payment, by registered banks in New Zealand. Compare: 1998 No 114 Schedule 1 cl 23
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