Injuries prior to the commencement of the SRCA may result in periods of incapacity for work, both prior to and following, the advent of that Act (i.e. on 1 December 1988).
In practice, delegates will only rarely be required to calculate compensation for pre-1988 periods of incapacity. Nevertheless, it is still open for a client to claim compensation for such a period and from time to time a client may demonstrate a retrospective entitlement under an old Act.
Where a period of incapacity occurs prior to the commencement of the SRCA, S124(7) of that Act requires that the amount payable under the SRCA be the same as would be payable had the old Act not been repealed. In other words, periods of incapacity are paid in accordance with the requirements of that Act which was in force during the period of incapacity.
This matter is discussed at greater length in Parts 11.5 and 11.6