Where the client was 'totally incapacitated for work' during a period while the 1971 Act was current, S45 of that Act has effect.

S45(2),(3) and (4) together, provide that in those circumstances, the entitlement is:

  • the weekly amount prescribed under S45(2) for that period (see 30.4.9), plus
  • the amount prescribed under S45(3) for each 'prescribed person' (see 30.4.10), plus
  • the amount prescribed under S45(4) for each child (see 30.4.11), OR
  • the client's AWE (see 30.4.2).
  • Whichever is less.