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20.16.2 Basis for payment whilst engaged in Rehabilitation

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While a client is engaged on a rehabilitation program, the authority for weekly payments rests upon Subsection 37(5) which says:

37(5) Where an employee is undertaking a rehabilitation program provided for the employee under this section, compensation is not payable to the employee under Section 19 or 31 but:

(a)if the employee is undertaking a full-time program – compensation is payable to the employee of an amount per week equal to the amount per week of the compensation that would, but for this subsection, have been payable under Section 19 if the incapacity referred to in that section had continued throughout the period of the program, or

(b)if the employee is undertaking a part-time program – compensation is payable to the employee of such amount per week as the relevant authority determines, being an amount not less than the amount per week of the compensation that, but for this subsection, would have been payable to the employee under this Act and not greater than the amount per week of the compensation that would have been payable under paragraph (a) if the employee had been undertaking a full-time program.

This means that while a client is engaged on a rehabilitation program, weekly payments are made on the basis of participation in the program rather than in respect to the extent of medical incapacity. In consequence, the usual regular medical certificates are not required for the duration of that program.

However the amount payable during a rehabilitation program is still to be calculated in accordance with the provisions of Section 19. Delegates must therefore closely monitor the progress of the program, because changes to hours worked during that program (i.e. graduated return to work or participation in work trial placements) interacts with the 'adjustment percentage' at S19(3). See Chapter 34 for further detailed guidance on these calculations.