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WORKERS REHABILITATION AND COMPENSATION ACT 1988 - SECT 87 Cessation on account of age of entitlement to weekly payments

WORKERS REHABILITATION AND COMPENSATION ACT 1988 - SECT 87

Cessation on account of age of entitlement to weekly payments

(1AA)  In this section –
cessation date means the date applicable by virtue of subsection (1);
pension age , in relation to a worker, means the pension age, within the meaning of the Social Security Act 1991 of the Commonwealth, in relation to the worker.
(1)  Subject to subsection (2) , an entitlement of a worker to weekly payments of compensation under section 69 in relation to an injury in respect of which an employer is liable to pay compensation under this Act ceases –
(a) if the injury occurs 2 years or more before the date on which the worker attains the pension age – on the date on which the worker attains the pension age; or
(b) if the injury occurs less than 2 years before the date on which the worker attains the pension age – on the date 2 years after the injury occurs.
(2)  Where the terms and conditions of a worker's employment are such as to permit him or her to continue in that employment beyond the cessation date, the worker may refer to the Tribunal for determination the question as to whether or not the provisions of subsection (1) should apply to him or her.
(3)  In any case referred to it pursuant to subsection (2) , if the Tribunal is satisfied–
(a) that the terms of the worker's employment would have entitled him or her to continue in that employment beyond the cessation date and the worker, but for the injury referred to in subsection (1) , intended to continue in that employment beyond that date; and
(b) that the incapacity of the worker resulting from that injury will continue beyond the cessation date–
the Tribunal may determine that weekly payments of compensation may be continued beyond the cessation date and shall determine the period for which such payments are to be continued.
(4)  Where an injury occurs –
(a) before the commencement of the Workers Rehabilitation and Compensation Amendment Act 2022 , this section, as in force immediately before the commencement of that Act, and section 164BAA , apply in relation to that injury and any claim arising from that injury; or
(b) on or after the commencement of that Act, this section, as amended by that Act, applies in relation to that injury and any claim arising from that injury.