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  1. Section 78 (1982) payments and Independent Allowance

    14 June 2019 - 10:03 AM

    Back in the early 1990/91 I lodged some sensitive claims. On one of those claims I apparently got a Section 78 payment which means that % is later deducted from any WPI % determined by a future Impairment Assessment, however it also possibly impacts when IA is paid from.

    The s78 payment was not for the first claim, the first claim was earlier and gives me eligibility for LOPE and ACC have yet to determine what claim number the whole mental cover is going to under - if that makes a difference to the following.

    So what I'm trying to figure is, how are they going to determine date per s377(3)( c):

    ( c) the independence allowance based on the first assessment is payable as from,—
    (i) in the case of a person who has received lump sum compensation under section 119 of the Accident Compensation Act 1972 or section 78 of the Accident Compensation Act 1982, or both, the date of the application for an independence allowance; or
    (ii) in any other case, the later of the date on which the claim for cover was lodged or 1 July 1992.

    Does anyone know how this might work?



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