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Under subsection 77(3) of the MRCA, if additional PI compensation is payable under subsection 71(2) of the MRCA for deterioration of a single accepted condition, that compensation is payable from the later of:

  • the date the Department was notified of a natural deterioration in the condition; and
  • the date that the delegate determines to be the date on which all of the following applied:
  • the person suffers additional impairment as a result of the deterioration in the condition; and
  • the additional impairment is likely to continue indefinitely; and
  • the increase in the person's overall impairment constitutes at least 5 impairment points; and
  • the condition has stabilised.

5.7.3.1 Date additional compensation payable for deterioration of more than one condition where person became entitled prior to 1 July 2013

If additional PI compensation is payable under section 71 of the MRCA for the natural deterioration of more than one accepted condition from a date prior to 1 July 2013, that compensation is payable from the later of:

  • the date the Department was notified of a natural deterioration in the one or more conditions concerned; and;
  • the date that the delegate determines to be the date on which all of the following applied:
    • the person has suffered additional impairment as a result of a deterioration in their conditions; and
    • the additional impairment is likely to continue indefinitely; and
    • the deterioration is directly related to the natural progression of the compensable conditions; and
    • the increase in the person’s overall impairment constitutes at least 5 impairment points; and
    • the person’s compensable conditions have stabilised.

 

5.7.3.2 Date additional compensation payable for deterioration of more than one condition where person became entitled on or after 1 July 2013

If additional PI compensation is payable under section 71 of the MRCA for deterioration of more than one accepted condition and 5.7.3.1 does not apply because the date of effect is not earlier than 1 July 2013, the date that additional compensation is payable in respect of each of the conditions may vary.

In such cases the date of effect of the additional PI for each condition to which section 71(2) applies is the later of:

  • the date the Department was notified of a natural deterioration in each of the conditions concerned; and
  • the date that the delegate determines to be the date on which all of the following applied:
    • as a result of the deterioration in the conditions the person suffers additional impairment; and
    • the additional impairment is likely to continue indefinitely; and
    • the increase in the person’s overall impairment constitutes at least 5 impairment points (which includes aggravations under section 72); and
    • each of the additional conditions has stabilised.