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Accident Compensation Act 1985
400Section 92B
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400 Section 92B
(1) If a person was receiving or became entitled to receive compensation under section 92B in the 5 year period immediately preceding the commencement day, the amount of compensation that the person is entitled to receive under that section in relation to the review period is to be determined in accordance with section 92B, as in force immediately after the commencement day.
(2) If a determination under subsection (1) results in a person being entitled to an amount of compensation under section 92B that is greater than the amount that, but for the application of this section, the person was entitled to receive in relation to the review period, the amount of compensation paid or payable to the person is to be adjusted accordingly.
(3) A claimant is not entitled to interest at the prescribed rate on an amount of compensation that is paid or payable to a person that is greater than the amount that, but for the application of this section, the person was entitled to receive in relation to the review period.
(4) If a determination under subsection (1) results in a person being entitled to an amount of compensation under section 92B that is less than the amount that, but for the application of this section, the person received or was entitled to receive in relation to the review period, no adjustment is to be made under this section.
***commencement day*** means the date of commencement of section 54 of the amending Act;
***review period*** means the 5 year period referred to in subsection (1).