Transitional provisions for the compensation of live organ donors

Information on compensation for people who donate organs before the Compensation for Live Donors Act comes into effect.

Surgery prior to 5 December 2016 and before the Act comes into effect

People who had donor surgery on or after 12 September 2016 and who are still recuperating at or after 5 December 2016:

  • may be entitled to the assistance currently offered to live organ donors by the Ministry of Social Development (MSD), and/ or
  • may also be entitled to a subsequent back-dated lump sum payment based on the difference between their entitlement under the new Act, and any assistance received from MSD, after the Act comes into force.

The transitional back-dating arrangements in the Act mean that the total amount of compensation that a recuperating donor is eligible for is calculated from the date the Act passed on 5 December 2016 and will be no less than if a donation occurred after the Act comes into effect.

Surgery on or after 5 December 2016 and before the Act comes into effect

People who have donor surgery on or after the date of Royal Assent on 5 December 2016:

  • may be entitled to the assistance currently offered to live organ donors by the Ministry of Social Development (MSD), and/or
  • may also be entitled to a subsequent back-dated lump sum payment based on the difference between their entitlement under the new Act, and any assistance received from MSD, after the Act comes into force.

The transitional back-dating arrangements in the Act mean that the total amount of compensation that a recuperating donor is eligible for is calculated from the date the Act passed on 5 December 2016 and will be no less than if a donation occurred after the Act comes into effect.

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