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6.3.23 Compensation for Part Weeks
Section 196 states that if compensation for incapacity is payable for part of a week, it is calculated according to the formula:
further it describes the number of days as:
- 7 if the person is a former part-time Reservist who was not engaged in civilian work before leaving the Defence Force;
- otherwise is 5; or
- another number determined by the Commission based what the person would normally work.
A signaller was medically discharged from the Army on 20 June 2005. She had injured her left knee during an exercise on 2 December 2004. She was incapacitated for several months post discharge before participating in a rehabilitation program and retraining as a Security Officer. Her entitlement to 45 maximum rate weeks of incapacity payments has expired.
The former member now works as a sedentary Security Officer controlling access and egress in an office complex. She works 8 hours a day 5 days per week and earns $16 per hour. On Friday 8 February 2008 she had arthroscopic surgery on her left knee and was incapacitated for that day. She was able to return to work on the following Monday, 11 February 2008.
Normal Earnings are$876.15
Remuneration Amount (at Feb 2008) is$123.85
Actual Earnings for the week are$512.00
As a former Permanent Forces member normal weekly hours (NWH) are 37.5 in accordance with subsection 132(2).
The adjustment percentage is 95% as she is still able to work 32 hours in the week.
She receives an MSBS Commonwealth Superannuation Corporation pension equal to $408.30 per week.
The entitlement to incapacity payments for 8 February 2008 is:
1/5 x (95% of $1000 - $408.30 - $512.00) =
1/5 x ($950 - $408.30 - $512.00) =
1/5 x $29.70 =