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2.2 No payment without liability
Delegates may only determine an entitlement to incapacity payments where the Commonwealth has already accepted liability for the injury that caused (or contributed to) that incapacity.
Investigation of the incapacity may commence without liability but no payments in relation to the claim can be made until such time as liability is accepted and for those with liability under the MRCA, a Needs Assessment has been undertaken in accordance with S325(2). Such payments are not lawful.