Recurrent payments after redemption - s 31

Recurrent payments after redemption - s 31

Whether the client's incapacity is likely to continue indefinitely is relevant to the operation of s 31(1).  This subsection restores weekly incapacity payments, at a reduced rate, to a client who has received a s 30 redemption, but is now no longer able to engage in suitable employment.

The rate of weekly payment is set by s 31(2) as the amount that would have been payable to the client had the redemption not been made LESS the amount per week that was redeemed.

Note that a weekly payment under s 31 can NOT be redeemed.

Section 31(1) states:

31(1)Where:

(a)at any time after a lump sum is paid to an employee under section 30 in respect of an injury, the injury results in the employee being incapacitated for work to the extent that the employee is not able to engage in suitable employment; and

(b)the incapacity is likely to continue indefinitely;

Comcare is liable to pay compensation to the employee under this section during the period of the incapacity.