South Australian Consolidated Acts South Australian Consolidated Acts35B—Weekly payments after expiry of designated periods—no work
capacity
(1) Subject to
section 35C (and to the other provisions of this Act), a worker's
entitlement to weekly payments under this Division ceases at the end of the
third entitlement period under section 35A (unless brought to an end
before this time) unless the worker is assessed by the Corporation as—
(a)
having no current work capacity; and
(b)
likely to continue indefinitely to have no current work capacity.
(2) If a worker
qualifies under an assessment under subsection (1), the worker is
entitled to weekly payments while incapacitated for work in respect of a
particular disability equal to 80% of the worker's notional weekly earnings as
though the third entitlement period were continuing.
(3) A review of the
assessment of a worker under this section may be conducted by the Corporation
at any time and must be conducted as often as may be reasonably necessary,
being at least once in every 2 years.
(4) In connection with
the operation of subsection (1), a worker who, immediately before the end
of a third entitlement period, is in receipt of weekly payments under
paragraph (a) of section 35A(3) is entitled to continue to receive
weekly payments at the rate prescribed by that paragraph unless or until the
Corporation has assessed whether the worker falls within the category of a
worker who may be considered as—
(a)
having no current work capacity; and
(b)
likely to continue indefinitely to have no current work capacity.
(5) An assessment
under subsection (4) may be made before or after the end of the
third entitlement period.
(6) Despite
section 35A, the Corporation must not discontinue weekly payments to a
worker who is subject to the operation of subsection (4) until it has
given the worker at least 13 weeks notice in writing of the proposed
discontinuance (and the requirements of section 36 will not apply with
respect to this notice).
(7) A notice under
subsection (6) must not be given unless or until the assessment envisaged
by subsection (4) has been undertaken.
(8)
Subsections (4), (5), (6) and (7) do not apply if the Corporation
discontinues the worker's weekly payments under section 36 or suspends
such payments under another provision of this Act.
(9) The Corporation
may, on the basis of a review under subsection (3), discontinue weekly
payments under this section if satisfied that the worker has a
current work capacity.