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6.3.19 Deeming based on Actual Earnings at the End of a Rehabilitation Program

As part of the rehabilitation process, if the person has gained employment, the delegate may deem an ability to earn based on their actual earnings and the medical evidence of the hours which they are able to work.  This enables the deemed amount to be applied while waiting for pay slips to be obtained or if the person ceases employment for reasons other than their service injury.  However when making the deeming decision the delegate should consider the time of the year that the deeming will be applied.  As any deemed earnings are increased by the WPI on the 1 July each year, it may disadvantage a person if the date which the deemed amount is applied is too close to the 1 July.  For example a rehabilitation person may commence civilian employment on 25 May, and if deemed with an ability to earn, this will be indexed on 1 July.  In these cases consideration should be given to deferring any deeming decision until after 1 July.