31.12.1 Overview - NWE in transitional cases

NWE is not calculated for those periods of incapacity predating 1 December 1988

• see 31.12.2 below.

NWE for periods of incapacity occurring under the SRCA although arising from old Act injuries, is computed in the same way as NWE for a post-88 injury.

• see 31.2.

NWE of 'Former Employees' (note a special category defined by S123 of the SRCA), may provide a special case, depending on whether or not the 1971 Act's 'Average Weekly Earnings' ceiling was applied to the client's previous payments under that Act.

• see 31.12.3.