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ACCIDENT COMPENSATION ACT 1985 - SECT 114E Outstanding weekly payments

ACCIDENT COMPENSATION ACT 1985 - SECT 114E

Outstanding weekly payments

S. 114E(1) amended by No. 41/2006 s. 22(1).

    (1)     The amount of outstanding weekly payments and interest at the prescribed rate on each outstanding weekly payment are payable to the worker in the following circumstances and in respect of the periods specified in relation thereto—

        (a)     if a Conciliation Officer directs that weekly payments be commenced or continued to be paid at the current rate or increased, from the day—

              (i)     on which incapacity commenced; or

              (ii)     on which weekly payments were terminated or altered; or

S. 114E(1) (a)(iii) amended by No. 81/1998 s. 23(o).

              (iii)     on which the worker's application to increase the amount of weekly payments was received by the Authority or self-insurer—

until the day on which the direction is revoked or payments are commenced, continued or increased, whichever is the earlier;

S. 114E(1)(b) amended by No. 41/2006 s. 22(2).

        (b)     subject to subsection (1A), if a decision to reject a claim for weekly payments is set aside by the Magistrates' Court or the County Court, from the day on which the incapacity commenced until the day on which the decision is set aside;

S. 114E(1)(c) amended by No. 41/2006 s. 22(2).

        (c)     subject to subsection (1A), if a decision to terminate or reduce weekly payments is set aside by the Magistrates' Court or the County Court, from the day on which the decision took effect until the day on which the decision is set aside;

S. 114E(1)(d) amended by No. 41/2006 s. 22(2).

        (d)     subject to subsection (1A), if a decision to reject an application by a worker to increase the amount of weekly payments is set aside by the Magistrates' Court or the County Court, from a day determined by the Magistrates' Court or the County Court until the day on which the decision is set aside;

S. 114E(1)(e) amended by No. 81/1998 s. 23(m).

        (e)     if an employer, the Authority or a self‑insurer fails to make any weekly payment as and when required by the Act to be made to a worker, from the day after the payment was required to be made until the day before the payment is made.

S. 114E(1A) inserted by No. 41/2006 s. 22(3).

    (1A)     If a worker has not made an application to the Magistrates' Court or the County Court within one year of being notified by a Conciliation Officer under section 59(4) that the Conciliation Officer is satisfied that there is a genuine dispute with respect to the liability to make or continue to make weekly payments and that an application may be made to the Magistrates' Court or the County Court to determine the matter, interest is not payable under subsection (1) in respect of the period beginning after the expiry of one year after that date and ending on the day on which the application is made.

S. 114E(2) amended by Nos 47/1996 s. 18(1), 81/1998 s. 23(r).

    (2)     If an employer is responsible for making weekly payments to a worker, the Authority, must pay the employer the amount of any outstanding weekly payments payable under subsection (1).

S. 114E(3) inserted by No. 47/1996 s. 18(2).

    (3)     Subsection (2) does not apply to a self-insurer or a subsidiary of a self-insurer except in relation to the employment of a student worker.

S. 114EA inserted by No. 9/2010 s. 47.