New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Back-dating of benefits

Legal area

Court

7 Oct 2004

Cummings v Accident Compensation Corporation

Citation

[2004] NZACC 317
Court

District Court

The appeal is dismissed because the 1998 Act and its transitional provisions govern the appellant's claim; Section 423 requires treating the unlodged claim as if the injury occurred on or after 1 July 1999, Schedule 1 entitlements are forward-looking and claims-based, there is no provision permitting attendant care to be back-dated prior to the date of the claim, and Campbell and Handley is inapplicable outside its specific transitional context.
19 Dec 2000

Sullivan v Accident Compensation Corporation

Citation

[2000] NZACC 344
Court

District Court

Two independent WPI assessments (10%) were reliable and unchallenged by expert evidence; statutory transitional and reassessment provisions do not permit back‑dating of Independence Allowance to date of injury; appellant failed to lodge required claim/election within statutory cut‑off periods and thus is not entitled to lump sum compensation.
12 Sept 1996

Arts v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1996] NZACC 75
Court

District Court

Regulation 8 of the Attendant Care Regulations 1993 precludes payment of attendant care prior to a written application or hospital discharge; the review officer correctly declined back‑dating and the Court on appeal has no power under the Act and Regulations to order back‑dated attendant care. The appeal is therefore dismissed.