Determining Minimum Earnings

Section 19 (6) specifies that after the first 45 weeks, where 75% of an employee's NWE is less than the 'minimum earnings' amount, then the employee shall be paid the minimum earnings amount.

Section 19(7) defines minimum earnings as the lesser of 90% NWE, or a statutory weekly rate set out in subsections (7) to (9).  The statutory rate is updated annually and payment varies according to the numbers of dependants the employee has.

To be a claimed dependant, a person must be 'wholly or mainly dependent for economic support on the employee'.