The following checklist provides a guide and a sequence of actions relating to those steps and decisions necessary to determine the amount payable in respect of any period of incapacity.
The checklist is cross-referenced to this handbook's instructions and explanations relating to each of those steps.
1.Is the client entitled to receive any incapacity payments at all?
This is the subject of chapter 20.
Delegates should apply checklist at 20.1 to ascertain whether payment may be made.
The case should be referred to the Rehabilitation Coordinator if there is not a current rehabilitation program. Rehab referral action is to include cases where rehab has occurred, was concluded, but client is again incapacitated for work for more than a trivial period).
2.Did the period of incapacity occur under SRCA or under an earlier Act?
(Note the critical date is the date of the period of incap not the date of the injury.)
- If the incapacity period predates 1/12/88, refer to 30.4 for guidance on determining payment under the provisions of the 1930 Act or the 1971 Act and the rest of this checklist is not applicable to such a case.
- If the incapacity postdates 1/12/88, refer to the guidance referenced at items (3) to (14) of this checklist, i.e. to determine payments under the SRCA.
3Determine the client's Normal Weekly Earnings (NWE)
- Refer to chapter 14 for the definition and legislative structure of NWE.
- Refer to chapter 31 for instructions on how to determine/calculate NWE.
4.Adjust NWE for periodic wage adjustments and auto increments since injury
Refer to 31.3 for guidance on post-injury changes to NWE.
5.Is the client a 'Former Employee' as defined by Section 123 of the SRCA?
'Formers' are paid only under Part X of the SRCA i.e. S131 to 132A and S134 to 136.
- refer to chapter 13 for the definition and significance of 'Former Employee' status
- if the client IS a 'former', refer to chapter 44 for instructions re: 'transitional' payments (and the rest of this checklist is not applicable to such a case)
- if the client is NOT a 'former' continue with items (6) to (14) of this checklist.
6.What is the total (cumulative) duration of the client's incapacity?
S19 provides a different basis for calculation once the duration exceeds 45 weeks
- refer to chapter 34 for legislation and procedures where duration exceeds 45 weeks.
7.Is the client on a rehabilitation 'return-to-work' program?
- refer to 32.4 and 34.4 for guidance on effects of work hours and work trials
- refer to 20.16.2 for continued access to payments via S37(5)
- refer to chapter 34 for adjustment percentages for hours worked.
8.What is the client's current 'AE' (i.e. Ability-To-Earn in suitable employment)
- refer to chapter 15 for the definition and explanation of the concept of 'AE'
- refer to chapter 12 for guidance re: 'suitable employment'
- refer to 15.2 and 32.2 – 32.3 for the process of determining or 'deeming' the AE.
9.Calculate entitlement by S19(2) or S19(3)
- refer to Parts 33 and 34.
10.If wholly incapacitated: is post-45 week compensation < 'minimum earnings'?
S19 contains a 'safety net' that compensates low earners at set, statutory rates.
- If so, refer to chapter 36 for guidance on the application of S19(6) to (14).
11.Is the client in receipt of Commonwealth Superannuation?
Superannuation payments reduce compensation entitlements according to set formulae.
- If so, refer to chapter 37 for guidance on the application of S20, 21 and 21A.
12.Has client returned to payment after S30 redemption via S31determination?
- A determination under S30 prohibits further payment unless reversed under S31.
- S31 allows for resumption of reduced payments after total and permanent incapacity.
- If S31 applies, read chapter 72 for guidance re: the reduced payments.
13.Has the client been in a hospital or nursing home for more than 12 months?
S22 provides for a reduction in payment (at delegate's discretion) to such clients.
- Read chapter 41 re: the operation of S22 and guidance on when it should be invoked
14.Is the client in financial need whilst still awaiting Defence/the Commonwealth Superannuation Corporation (CSC) input?
The correct rate for an initial payment is dependant upon both Defence's and CSC's reply to the delegate's queries re: salary at discharge, super received etc. In the interim, the client although liable to receive compensation for that period nevertheless still has no income and may therefore experience hardship.
- Where this occurs, refer to 30.6 for possible strategies (interim payment).