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Incapacity Handbook
32.3 Establishing the Amount of Deemed Earnings
- 32.3.2 Client unemployed but with demonstrated AE
External
Where there is a demonstrated AE in some type of employment, earnings are to be deemed in that capacity, whether the employment is with the Commonwealth or otherwise.
- If the client can show, through genuine and unsuccessful attempts to obtain employment, that he/she lacks the ability to find employment because of his/her injury, the ability to earn should be treated as nil.
- However where the clients efforts to find employment have been ineffective for reasons other than the injury (e.g. lack of preparedness to change residence to a place with better employment prospects) the ability to earn should be deemed as if that employment were available.