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Section 23(2) of the SRCA says:

23(2) Compensation is not payable under Section 19, 20, 21 or 21A in respect of any period during which the employee is imprisoned in connection with his or her conviction of an offence.

It should be noted that:

  • only weekly incapacity payments under Ss19, 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 S31 (recurrent payments after redemption) is also affected as the rate payable under that section is derived from the amount paid under Ss19, 20, 21 or 21A
  • the exclusion applies only to 'current' employees. Payments to former employees under Ss131 – 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.

See the further discussion on the next page.