Victorian Consolidated Legislation

Transport Accident Act 1986 - SECT 45AB

Interim payments to be reconciled with actual entitlements

45AB. Interim payments to be reconciled with actual entitlements



(1) This section applies if the Commission makes a payment to a person under
section 45AA.

(2) Once the Commission determines the amount of the person's pre-accident
weekly earnings, the Commission must then determine the difference between-

   (a)  the amount that the person has been paid under section 45AA; and





   (b)  the amount that the person would have been paid under section 44 or
        45, during the period in respect of which payments under section 45AA
        were made, had the amount of the person's pre-accident weekly earnings
        been determined on the day of the accident.

(3) If the person was paid less than he or she was entitled to under section
44 or 45 for the relevant period, the Commission must pay the amount of the
difference to the person as soon as is practicable after determining the
amount.

(4) If the person was paid more than he or she was entitled to under section
44 or 45 for the relevant period, the Commission may recover the amount of the
difference by way of offset from any future payments it is required to make to
the person under that section.