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31.10.3 Option B - Deemed civilian earnings

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Deemed civilian earnings should be used where the Reservist had no civilian employment, has employable skills but not actually employed in that area at the time of the injury. In such cases, an earning capacity in civilian employment will be deemed on the basis discussed in sections 5 and 6 below. This involves either an assessment of earning capacity (Option 1) or the adoption of a standard deemed rate based on 'daily Reserve rate x 7' (Option 2).

Deemed civilian earnings should also be used where the Reservist had some part-time employment, but the amount of earnings was low and, when added to Reserve earnings, is still less than the NWE deemed in relation to unemployed Reservists using the 'daily Reserve rate x 7' method of calculating NWE.

Note: When civilian earnings are deemed using 'daily Reserve rate x 7', all of the weekly incapacity payment is taxable.