Accident Compensation Act 2001

Adjustments for low earners

42 Weekly earnings of earners in full-time employment: increase in certain circumstances

(1)

This clause applies to a claimant who—

(a)

was, immediately before his or her incapacity commenced,—

(i)

in the category of earners liable to pay the minimum levy set in regulations made for the purposes of section 168B; or

(ii)

an earner in full-time employment; and

(b)

had weekly earnings calculated under clause 41 or, if that clause does not apply, under any of clauses 34, 36, 38, or 39 of less than the minimum weekly earnings as determined under subclause (3); and

(c)

is incapacitated for more than 5 weeks after the incapacity first commenced.

(2)

For the purpose of calculating weekly compensation for loss of earnings payable to the claimant for any period after the 5-week period, the claimant is deemed to have had, immediately before his or her incapacity commenced, the minimum weekly earnings as determined under subclause (3).

(3)

The minimum weekly earnings are—

(a)

for a person under 18 years of age, the amount as at 1 July each year which is the greater of—

(i)

the minimum weekly adult rate prescribed under section 4 of the Minimum Wage Act 1983; or

(ii)

125% of the rate for a single person under the age of 18 years and without dependent children of supported living payment under the Social Security Act 2018; or

(iii)

the higher of the amounts calculated under subparagraphs (i) and (ii) as at 1 July in the preceding year.

(b)

for a person 18 years of age or over, the amount as at 1 July each year which is the greater of—

(i)

the minimum weekly adult rate prescribed under section 4 of the Minimum Wage Act 1983; or

(ii)

125% of the rate for a single person over the age of 18 years and without dependent children of supported living payment under the Social Security Act 2018; or

(iii)

the higher of the amounts calculated under subparagraphs (i) and (ii) as at 1 July in the preceding year.

(4)

[Repealed]

(5)

[Repealed]

(6)

[Repealed]

(7)

Subclause (2) does not apply to any period unless the Corporation is satisfied that, but for the incapacity, the claimant would have been an earner in full-time employment during that period.

(8)

Subclause (2) does not apply if the claimant has an entitlement under any other provision of this schedule to weekly compensation for loss of earnings that is greater than the claimant’s entitlement under this clause.

(9)

Nothing in this clause is affected by the claimant’s entitlement to any weekly compensation under any of clauses 66, 70, and 71.

Compare: 1998 No 114 Schedule 1 cl 18

Schedule 1 clause 42(1)(a)(i): amended, on 1 April 2007, by section 13(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2007 (2007 No 8).

Schedule 1 clause 42(1)(b): amended, on 1 July 2010, by section 47(1) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Schedule 1 clause 42(1)(c): amended, on 1 July 2010, by section 47(1) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Schedule 1 clause 42(2): amended, on 1 July 2010, by section 47(1) of the Accident Compensation Amendment Act 2010 (2010 No 1).

Schedule 1 clause 42(3): substituted, on 1 July 2005, by section 60(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Schedule 1 clause 42(3)(a)(i): replaced, on 1 May 2013, by section 6(2) of the Minimum Wage (Starting-out Wage) Amendment Act 2013 (2013 No 8).

Schedule 1 clause 42(3)(a)(ii): amended, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).

Schedule 1 clause 42(3)(a)(ii): amended, on 15 July 2013, by section 97 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Schedule 1 clause 42(3)(b): amended, on 1 July 2008, by section 33(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).

Schedule 1 clause 42(3)(b)(i): replaced, on 1 May 2013, by section 6(3) of the Minimum Wage (Starting-out Wage) Amendment Act 2013 (2013 No 8).

Schedule 1 clause 42(3)(b)(ii): amended, on 26 November 2018, by section 459 of the Social Security Act 2018 (2018 No 32).

Schedule 1 clause 42(3)(b)(ii): amended, on 15 July 2013, by section 97 of the Social Security (Benefit Categories and Work Focus) Amendment Act 2013 (2013 No 13).

Schedule 1 clause 42(4): repealed, on 1 July 2005, by section 60(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Schedule 1 clause 42(5): repealed, on 1 July 2005, by section 60(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).

Schedule 1 clause 42(6): repealed, on 1 July 2005, by section 60(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45).