Reparation and ACC Entitlement

This topic covers the general entitlements under the IPRC Act. This may be relevant when quantifying consequential loss or damage for reparation.

Entitlement

Legislative reference: Section 32 of the Sentencing Act 2002 deals with entitlements under the IPRC Act. These must be considered when quantifying consequential loss or damage for reparation reports.

Entitlements that are available under the IPRC Act are detailed in the blocks that follow.

Weekly compensation

Weekly compensation is payable at the rate of 80% of lost earnings if the person is incapacitated for work.

Note: For a non-work related injury (which would cover most offences) there is a 7-day (one-week) stand down for weekly compensation not covered by ACC.

Treatment costs

ACC will cover most of the costs of any treatment and transport to the nearest treatment provider that is required as a result of injury.

Any co-payments for treatment (the part of the treatment providers bill that ACC can't cover) will need to be covered by the person who suffered the loss or damage.

Death

In relation to the death of a person:

• ACC will cover the costs of a funeral (maximum $4500) and make one-off payments of a Survivor's Grant (bereaved partner - $4702.79, child under 18 and other dependants - $2351.40), and
• weekly compensation to a maximum of 80% of the weekly earnings of the person who died is payable to a bereaved partner:
  • for five years, or
  • while they are caring for their late partner's children (under 18).

Lump sums

Lump sums are payable if the injury results in permanent impairment, and this is assessed as being at least 10%.

• The minimum payment is $2,500 for 10% impairment and the maximum is $100,000 for 80% impairment or more (loss of a little or ring finger results in 5% impairment, while tetraplegia is assessed as 90% impairment).
• The assessment cannot take place until the injury has stabilised or two years have passed.
• The assessment does consider pain, mental and behavioural disorders caused by the injury.