Commentary on Sections Part 3: Other benefit changes Section 68: Determinations
338.Section 68 abolishes the right to request an accident declaration. At present people are able to apply for a declaration that an industrial accident has occurred separately from making a claim for benefit and consequently may apply for IIDB many years after the accident occurred, relying on the accident declaration as evidence that a work-related accident occurred.
339.Subsection (1) repeals section 29(2) of the SSA 1998. This provides that people can apply for an accident declaration, confirming and recording an accident has occurred, even though they do not wish to claim Industrial Injuries Disablement Benefit (IIDB) at the time. Subsection (2) repeals the subsequent references to section 29(2).
340.The repeals mean that all accident declarations made prior to commencement remain final and that no further requests for an accident declaration can be made. If an accident causes disability at a later date, the status of the accident as an industrial accident will be investigated and decided in the usual manner by the decision-maker at the same time as the claim and the assessment of disability.