MOTOR ACCIDENT INJURIES ACT 2017 - SECT 3.8
Weekly payments after second entitlement period (after week 78)
MOTOR ACCIDENT INJURIES ACT 2017 - SECT 3.8
Weekly payments after second entitlement period (after week 78)
(1) A person who is injured as a result of a motor accident and suffers a
total or partial loss of earning capacity as a result of the injury is
entitled to weekly payments of statutory benefits under this section after the
end of the second entitlement period , but only if the person-- (a) is at least
18 years of age (whether or not the person is an earner ), or (b) is under 18
years of age and is an earner . Note : The person's age after the
second entitlement period is relevant to determining entitlement to
statutory benefits after the second entitlement period . A person's age at the
date of the motor accident is not relevant. Schedule 1 defines when a person
is an earner . (2) A weekly payment of statutory benefits under this section
is to be at the rate of-- (a) in the case of total loss of earning
capacity--80%, or (b) in the case of partial loss of earning capacity--85%,
of the difference between the person's pre-accident earning capacity and the
person's post-accident earning capacity (if any) or post-accident earnings,
whichever is the greater, after the second entitlement period . (3) A weekly
payment of statutory benefits to a person under this section is not to exceed
the maximum weekly statutory benefits amount less the person's
post-accident earning capacity (if any) or post-accident earnings, whichever
is the greater, after the second entitlement period . (4) A weekly payment of
statutory benefits to a person under this section is not to be less than the
minimum weekly statutory benefits amount or the person's
pre-accident earning capacity , whichever is the lesser.
http://www.austlii.edu.au/au/legis/nsw/consol_act/maia2017245/s3.8.html