20.26 Clients over Age Pension age

Section 23(1) provides that weekly incapacity compensation is not payable under Ss19, 20, 21, 21A or 22 to a person who has reached Age Pension age. However other forms of compensation (e.g. medical expenses, permanent impairment, household care) still continue to be payable after Age Pension age.

Note that former employees may continue to receive incapacity compensation after Age Pension age, at a reduced rate calculated under S134.

Note also that incapacity payments for non-'Former' employees may continue past Age Pension age where the client was injured after reaching the age that is two years before their Age Pension age. In this case, S23(1A) provides that incapacity compensation may be paid for a maximum of 104 weeks (whether consecutive or not) after injury.