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12.7 Effect of Suspension where Liability yet to be Accepted


Clients suspended under S57 even before liability has been accepted (i.e. while the case for entitlement has still to be demonstrated) may appear at first sight to be unaffected by this provision. Nevertheless, suspensions do apply to 'back payments' i.e. legal entitlements which are proven and paid only after acceptance of liability.

Thus, where a suspended initial liability client subsequently complies with the direction to attend the medical examination, is restored to access of the Act and finally achieves acceptance of liability, any retrospective incapacity now proven (perhaps back to the date of discharge) would be interrupted by the period of suspension. Similarly, any accounts for medical treatment dated to a pre-liability period of suspension, would not be re-imbursable.