5 Nov 1997
Gabites v Accident Rehabilitation and Compensation Insurance Corporation
- Citation
- [1997] NZACC 218
- Court
- District Court
Section 54 of the ARCI Act contains no general discretion to backdate independence allowances beyond the statutory limits (13 weeks after injury or date of assessment) except as narrowly permitted by s54(6) where assessment delay is beyond the applicant's control; and earnings earned in Australia that are not subject to New Zealand income tax or source deduction payments are outside the statutory definition of "earnings as an employee" for s40 entitlement, so appellant was not an earner and not entitled to weekly compensation.