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11.4 Ceasing incapacity payments at Age Pension age

Document
Last amended 
11 August 2017

Section 23(1) of the SRCA provides that weekly incapacity compensation is not payable under section 19, 20, 21, 21A or 22 to a person who has reached age pension age. Section 120 of the MRCA provides that weekly incapacity compensation is not payable under section 118 to a person who has reached age pension age.  However other forms of compensation (e.g. medical expenses, permanent impairment, household care) still continue to be payable.

Former employees under the SRCA may continue to receive incapacity compensation after age pension age, at a reduced rate calculated under S134.

Incapacity payments may continue past age pension age where the person was injured after reaching an age that is an that is 2 years before age pension age.  In these circumstances, S23(1A) of the SRCA and section 121 of the MRCA provides that incapacity compensation may be paid for a maximum of 104 weeks (whether consecutive or not) after injury.