In section 6(1), definition of earner, paragraph (b), replace “clause 43 or clause 44”
with “clause 43, 44, or 44A”
.
After section 11(1)(aa), insert:
(ab)
any payment paid under the Compensation for Live Organ Donors Act 2016; or
After section 100(1), insert:
(1A)
If a claimant is eligible for weekly compensation under clause 44A of Schedule 1 because of the operation of clause 43 of that schedule, the Corporation must determine whether the claimant is incapacitated within the meaning of section 105(2).
In the heading to section 103, replace “was earner or on unpaid parental leave”
with “was earner, on unpaid parental leave, or recuperating organ donor”
.
After section 103(1)(b), insert:
(c)
a claimant who was within a payment period under the Compensation for Live Organ Donors Act 2016 at the time he or she suffered the personal injury.
After section 223(6), insert:
(7)
A person who is within a payment period under the Compensation for Live Organ Donors Act 2016 (or who is within 1 month of that period ceasing and not otherwise in employment) is regarded as being still in employment for the purposes of subsection (2) and, for the purposes of subsection (3)(c), the person’s weekly earnings are to be calculated as if the period of incapacity was before the commencement of the payment period.
In Schedule 1, after clause 36(3)(b), insert:
(ba)
any period during which the claimant was within a payment period under the Compensation for Live Organ Donors Act 2016:
In Schedule 1, clause 38(2)(c), formula, item c, after “52”
, insert “or such smaller number, if an adjustment is required under subclause (3A)”
.
In Schedule 1, clause 38(2)(c), formula, item d, after “year”
, insert “or such smaller number, if an adjustment is required under subclause (3A)”
.
In Schedule 1, after clause 38(3), insert:
(3A)
The numbers referred to in items c and d of the formula in subclause (2)(c) must be adjusted by deducting any period during which the claimant was within a payment period under the Compensation for Live Organ Donors Act 2016.
In Schedule 1, clause 39(2)(c), formula, item c, after “52”
, insert “or such smaller number, if an adjustment is required under subclause (2A)”
.
In Schedule 1, clause 39(2)(c), formula, item d, after “year”
, insert “or such smaller number, if an adjustment is required under subclause (2A)”
.
In Schedule 1, after clause 39(2), insert:
(2A)
The numbers referred to in items c and d of the formula in subclause (2)(c) must be adjusted by deducting any period during which the claimant was within a payment period under the Compensation for Live Organ Donors Act 2016.
In Schedule 1, after clause 44, insert:
Claimant who is recuperating organ donor
44A Weekly earnings if claimant receiving earnings compensation as organ donor immediately before his or her incapacity commenced
(1)
This clause applies to a claimant who is within a payment period under the Compensation for Live Organ Donors Act 2016 immediately before his or her incapacity commenced.
(2)
The claimant’s incapacity is deemed to have commenced on the date on which the payment period started—
(a)
for the purposes of calculating the claimant’s weekly compensation, if the claimant had earnings immediately before that date; or
(b)
for the purposes of applying clause 43, if the claimant did not have earnings immediately before that date.
(3)
For the purposes of determining the commencement date of entitlement to compensation for loss of earnings under this Act, the date that falls immediately after the payment period ends is deemed to be the date his or her incapacity commenced.
(4)
Unless the personal injury is a motor vehicle injury, a work-related personal injury, or a treatment injury, payments under this clause come from the Earners’ Account.
(5)
If this clause applies, the claimant is entitled to the greater of the following:
(a)
weekly compensation for loss of earnings arising from the application of this clause:
(b)
weekly compensation for loss of earnings arising from an entitlement under any other provision of this schedule.
Employee who has consecutive periods of unpaid parental leave and recuperation from organ donation
44B Weekly earnings if employee has consecutive periods of unpaid parental leave and earnings compensation as organ donor
(1)
This clause applies if a claimant is an employee and either—
(a)
clause 44 applies to the claimant and the claimant’s unpaid parental leave is immediately before or after a payment period under the Compensation for Live Organ Donors Act 2016; or
(b)
clause 44A applies to the claimant and the claimant’s payment period is immediately before or after a period of unpaid parental leave.
(2)
The claimant’s incapacity is deemed to have commenced—
(a)
on the earlier of the dates described in clauses 44(2) and 44A(2), for the purposes of calculating the claimant’s weekly compensation; and
(b)
on the later of the dates described in clauses 44(3) and 44A(3), for the purposes of determining the commencement date of entitlement to compensation for loss of earnings.
In Schedule 1, after clause 49(5), insert:
(6)
In clause 51(2), earnings includes payments of earnings compensation under the Compensation for Live Organ Donors Act 2016.