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Section 60 82 Act sub clause 5

#1 User is offline   greg 

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  Posted 02 May 2005 - 11:42 AM

" The earning related compensation for the time being payable to
the person under this section shall not be reduced by reason of any
increase in his earning capacity."

proposal; sell my house and invest monies in high interest bearing
accounts { non exertive } and still recieve full ERC..

Do you think could be a runner? :rolleyes: :rolleyes:
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#2 User is offline   doppelganger 

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Posted 02 May 2005 - 08:14 PM

60. Assessment of permanent incapacity---(1) Where an earner who
suffers personal injury by accident does not completely recover from his
incapacity due to the accident, as soon as the Corporation considers
that (so far as the consequences of the injury are concerned) his
medical condition is stabilised and all practicable steps have been
taken towards his retraining and rehabilitation, the Corporation shall
review his case and make an assessment in writing of---
(a) The nature and extent of his permanent incapacity; and
(B) Whether that permanent incapacity has resulted in a permanent loss
or diminution of his capacity to earn; and
© The percentage which that permanent loss or diminution (if any)
bears to permanent total loss of his capacity to earn; and
(d) The weekly amount of his permanent loss of earning capacity (if
any), which amount shall be the appropriate percentage (being
the percentage assessed under paragraph © of this subsection)
of his relevant earnings for the time being; and
(e) The weekly amount of earnings related compensation to be paid to
him initially after the making of the assessment in respect of
that permanent loss of earning capacity (if any), which amount
shall, subject to subsection (8) of this section, be 80 percent
of the weekly amount assessed under paragraph (d) of this
subsection, or any greater weekly amount that may for the time
being be payable to him in consequence of the injury in
accordance with section 61 of this Act---

and shall pay him earnings related compensation in accordance with the
assessment.

(2) For the purposes of an assessment under this section the
Corporation shall determine an earner's permanent loss or diminution of
his capacity to earn by comparing what he would have been earning in his
pre-accident employment at the date of assessment if the accident had
not happened, and what he is now capable of earning having regard to---
(a) The opportunities for employment (if any) which, in the opinion of
the Corporation, will reasonably exist for the injured person
(whether as an employee or a self-employed person); and
(B) The degree (if any) to which, having regard to those
opportunities, his ability (or, in a case to which section 63 of
this Act applies, his potential ability) to derive earnings has,
in the opinion of the Corporation, been permanently diminished
by reason of the incapacity.

(3) In making its assessment under subsection (1) of this section, the
Corporation shall have regard to section 59 (3) and (8) of this Act and
the said provisions shall apply to such an assessment as if any
reference to temporary loss of earning capacity were a reference to
permanent loss or diminution of capacity to earn and permanent loss of
earning capacity.

(4) Subject to subsection (8) of this section, if at any time or times
after the making of an assessment under subsection (1) (e) of this
section, it appears to the Corporation that the capacity of the person
to earn has deteriorated as a result of the injury since the date on
which the assessment was made, or was last determined in accordance with
this subsection (as the case may be), the Corporation may determine that
the weekly amount of compensation for the time being payable under this
section shall be increased, as from the date of its determination, by
such amount as, having regard to all the circumstances, it considers
appropriate.

(5) The earnings related compensation for the time being payable to
the person under this section shall not be reduced by reason of any
increase in his earning capacity.

(6) Where an earner dies as a result of personal injury by accident in
respect of which he has cover, if the Corporation has not made an
assessment or determination under this section of the amount to be paid
to him in respect of permanent total loss of earning capacity, and if
any earnings related compensation is payable under section 65 of this
Act to any dependant of the deceased person, the Corporation shall
forthwith make an assessment in writing (which assessment shall be
deemed, for the purposes of this section, to have been made at the date
of his death) of the weekly amount that would have been payable to him
under this section if he had not died but had suffered a permanent total
loss of earning capacity and the assessment had been made at the date of
his death under subsection (1) of this section.

(7) The Governor-General may from time to time, by Order in Council,
specify a percentage or amount by which (subject to subsection (8) of
this section) the weekly amount for the time being of any earnings
related compensation assessed or determined in accordance with this
section (or of that compensation as for the time being increased in
accordance with this subsection) shall increase. Any such Order in
Council may be made in relation to all such compensation or to such
class or classes thereof as may be specified in the order, and may
prescribe any limitation as to its effect, whether by way of reference
to any persons or classes of persons, or the time at which an accident
has happened, or the date at which an assessment or determination under
this section has been made, or (in the case of an assessment made under
subsection (6) of this section) is deemed to have been made, or to the
purposes for which the increase is to apply, or by way of any other
specification, stipulation, condition, inclusion, or exclusion
whatsoever. The Order in Council or any part or parts thereof may be
made so as to come into effect on a date or dates to be specified
therein in that behalf, being either the date of the Order in Council or
any other date or dates, whether before or after the date thereof.

(8) Notwithstanding anything in this section, the weekly amount of
earnings related compensation that is, for the time being, payable to
the injured person, or, in a case to which section 65 of this Act
applies, would for the time being have been payable to him in accordance
with this section shall not exceed the maximum amount for the time being
prescribed for the purposes of section 59 (10) of this Act.
Cf. 1972, No. 43, s. 114; 1975, No. 136, s. 18; 1978, No. 36, s. 8


Yes you could do that and join the crowds tat have already. To qualify colecting this entitlement all was needed is for a specialist to say that your condition was stablised and rehabilitation was complete

Notice that this is not an entitlement as such but a directive from the goverment that it must be done once those conditions were meet.

this section was abused by both sides , the ACc refusing the rehabilitation while claimants were claiming that they were working to the maximum (Section 59) There is one case were the Corporation refused to do rehabilitation because it would better the claimant and the claimnat is entitled to the section 60. It seams that the managerment of our claims has always been shoody.
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#3 User is offline   greg 

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Posted 02 May 2005 - 08:40 PM

Thanks for the answer ,Dopple, but as you say ACC. seem to not
play by the rules, how can any honesty from them be treated ?.
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#4 User is offline   doppelganger 

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Posted 02 May 2005 - 11:06 PM

Greg even if they tell you something a lawyer has to be consulted to see if it correct.

It is a pitty that over the years ACC staff have continued to act in a way that promotes dishonesty that it has become dishonest it self.

I believe that the dishonesty started at the top and worked its way down. some have moved in more powerfull circles with in the "orginisatation" and are hding in the alleys ready to catch any one doing wrong in there eyes.

receiving entitlements is wrong in there eyes and supplying entitlements can have a great affect on enjoying life when income is reduced or removed.
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#5 User is offline   flowers 

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Posted 08 January 2008 - 08:33 AM

Put it in a trust that compounds the earning and does not pay out till o0ne is at retirement age Ie retirement fund matuting at 65 there no income .... no abatement. same as any normal citizen
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#6 User is offline   Alan Thomas 

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Posted 08 January 2008 - 08:53 AM

Greg there is a difference between income and earnings. Generating income from an investment is not regarded as earnings. Even if you are to turn the house into a bordellos the income generated by the house is still investment income not related to ACC but the running of the bordello would be work from which there would be earnings.
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#7 User is offline   doppelganger 

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Posted 08 January 2008 - 01:33 PM

Allan you need to post sections 9 to 13 and explain each.
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