Victorian Consolidated Legislation

Transport Accident Act 1986 - SECT 51

Loss of earning capacity-non-earners

51. Loss of earning capacity-non-earners



(1) The Commission is liable to pay to a person, other than an earner or a
minor, who, as a result of a transport accident-

   (a)  is injured; and

   (b)  suffers loss of earning capacity-

a weekly payment in respect of that loss after the first 18 months after the
accident or after the earner ceases to be entitled to payments under section
44 or 45, whichever last occurs, while that loss continues.





(2) The amount of the weekly payment under this section is the amount to which
the person would have been entitled under section 49 or 50 if, at the time of
the transport accident, the person had been an earner, less an amount
calculated in accordance with the formula-

where-

A is the amount to which the person would have been so entitled.

B is the number of years before the person attains pension age during which
the person is reasonably likely not to be employed.

C is the pension age of the person.

D is the age of the person in whole years.

(3) If a person receives a weekly payment under this section, the person is
not entitled to receive a payment under section 49 or 50.



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(5) A person who receives a weekly payment under this section in respect of a
transport accident must, within two months after each anniversary of the date
on which the person first received a payment under this section in respect of
that accident, give the Commission a statement of earnings in the prescribed
form with particulars of the person's earnings (if any) in the year preceding
that anniversary.