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20.17.2 Those who fail to seek employment are deemed AE, not incapacitated


Furthermore, Section 19(4)(e) says:

19(4) In determining, for the purposes of Subsections (2) and (3), the amount per week that an employee is able to earn in suitable employment, Comcare shall have regard to:

a)to d)..........

e)where, after becoming incapacitated for work, the employee has failed to seek suitable employment – the amount per week that, having regard to the state of the labour market at the relevant time, the employee could reasonably be expected to earn in such employment if he or she were engaged in that employment;

This means that a client may not elect inactivity – i.e. avoid employment he/she is fit for – and choose to receive weekly incapacity payments merely as a means to 'retire' from the labour market.


Most cases of deeming AE under these subsections result in the termination/reduction of entitlement to any weekly payment.