Categories Of Former Employees For Incapacity Payments

The sections of the Act that deal with incapacity for former employees are sections 131 through to 136.

A former employee will be dealt with slightly differently according to whether he or she:

• is receiving superannuation payments;

• has an ability to earn;

• is under or over 65 years of age at 1 December 1988; and

• has turned 65 since 1 December 1988.

Each of the above will impact on which section of the Act a former employee's entitlement applies to.

In many cases, former employees may fall into more than one of the above categories.  There is a section of the Act to suit all circumstances.

The following table indicates the appropriate section of the Act used to calculate a former employee's entitlement depending on his or her circumstances: