Overview

Overview

Compensation on a weekly basis is paid to a client under s 19 where the client is wholly or partly incapacitated for work as a result of an injury.  However, where the client is entitled to a superannuation pension or a superannuation lump-sum benefit, weekly compensation for incapacity may be paid at a reduced rate under ss 20, 21 or 21A, according to the circumstances.

Determination of a claim for compensation for incapacity will generally be delayed for some weeks or months in those cases where the claimant is known to be in receipt of a superannuation pension or superannuation lump sum benefit, but information about that pension or lump sum has not yet been supplied by Commonwealth Superannuation Corporation.

In these circumstances, assessors have a discretion to approve interim payments of compensation under s 19 if:

• entitlement to compensation for incapacity has been established; and
• the claimant will experience financial difficulties if payment is delayed until the actual rate of entitlement to compensation under ss 20, 21 or 21A is established.

Interim compensation should be paid at the minimum statutory rate prescribed in s 19(7)(a):

• $320.83 pw (from 1 July 2002);
• + $79.43 pw (from 1 July 2002) for a prescribed person or prescribed child;
• + $39.70 pw from 1 July 2002) for each additional prescribed child.