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44.2 Compensation Entitlement immediately before 1/12/1988

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In this section

The client's compensation entitlement immediately before 1/12/1988 is relevant to calculation of the amount of weekly incapacity compensation paid to former employees under the transitional provisions in Division 3, Part X of the SRC Act. Specifically, this amount is the "1971 amount" as defined in s 123 of the Act:

"1971 amount", in relation to a former employee, means the amount of compensation that was, immediately before the commencing day, payable per week to the former employee under the 1971 Act.

The "commencing day" of the SRC Act was 1 December 1988.

The "1971 amount" is used in a number of sections in Part X:

  • s 131(3): compensation for former employees under 65 who are in receipt of superannuation benefits, are unable to engage in suitable employment, and whose "total benefit" (superannuation + compensation) was between 70% and 94% (inclusive) of NWE at 1/12/1988;
  • s 132: compensation for former employees under 65 who are not in receipt of superannuation benefits and are unable to engage in suitable employment;
  • s 135: compensation for former employees aged 65 and over on the commencing day who were in receipt of superannuation;
  • s 136: compensation for former employees aged 65 and over on the commencing day who were not in receipt of superannuation;
References
  • Comcare Operations Manual vol 14, pt 2 : Incapacity - transitional cases