New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Assessment date

Legal area

Court

16 Apr 1998

Solomon v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1998] NZACC 71
Court

District Court

Section 54(5)(b) of the 1992 Act precludes payment of the independence allowance earlier than the assessment date (or subsection(2) date), and there is no discretion in the respondent or Court to backdate the allowance; therefore the Review Officer correctly refused backdating.
4 Jul 1997

Graham v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1997] NZACC 136
Court

District Court

Statutory provisions (s.54 and reg.3(1)) govern entitlement to an independence allowance such that payment cannot be backdated earlier than the assessment date (subject to the 13-week rule); therefore absence of notification by the respondent does not create a right to earlier payment and the appeal is dismissed.