External
Section 23(2) provides that a client is not entitled to weekly incapacity compensation under ss 19, 20, 21 or 21A during any period in which the client is “imprisoned in connection with his or her conviction of an offence”.
It should be noted in relation to this bar on compensation that:
- only weekly incapacity payments under ss 19, 20, 21, 21A are affected. The client continues to be entitled to claim compensation for medical treatment, permanent impairment, household services and attendant care, and may request a rehabilitation assessment;
- compensation under s 31 (recurrent payments after redemption) is also affected as the rate payable under that section is derived from the amount paid under ss 19, 20, 21 or 21A;
- the exclusion applies only to current employees. Payments to former employees under ss 131 - 136 in Part X are unaffected by imprisonment.
Section 23(2) is triggered only if the client is:
- convicted; and
- imprisoned in connection with that conviction.
It is important to note these restrictions on the ambit of the provision; see the discussion below.
The date of effect of any cessation of benefits is the date of imprisonment. Where a client has been imprisoned on remand and is subsequently convicted, cessation of incapacity payments should be backdated to the date of first imprisonment.