Section 19(4)(a) of the SRCA establishes the amount per week that a client is able to earn in suitable employment (AE) where the client is in employment (including self-employment) during that week. Any amount that a client actually earns by their own labour is to be used in the S19(2) and 19(3) formulae, i.e. the amount that a client earns in employment in any week is in most cases, his or her AE for that week.
Note that S19(4)(a) makes no reference to 'suitable employment'. There is no need to accept some earnings and discount others. If the client is actually earning the income from his/her own labour, it may be used as the AE.
To make a decision about AE on the basis of actual earnings, a delegate needs:
- Pay slips (or similar documents) to establish hours worked and amount received.
- Medical certificates (medical capacity for work should = hours worked).
- Liaison with the Rehab Coordinator re: past programs and outcomes.
Whether the actual earnings do in fact represent the AE is a matter for the delegate's judgement on the facts of the matter. Cases may occur where the delegate is satisfied that a client is working below his/her post injury capacity and is apparently content to rely on weekly compensation payments rather than seek additional hours work. In such cases it is open to the delegate to deem the client able-to-earn at full-time hours, as per 32.2.3, on the next page.