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s 99

Payment of increments—apprentice, trainee or young person

In force
Chapter 2Motor accident injuries—defined benefits
Part 2.4Defined benefits—income replacement benefits
Division 2.4.3Income replacement benefits—payments

99 Payment of increments—apprentice, trainee or young person

(1)

This section applies if a person injured in a motor accident is, on the date of the motor accident—

(a)

at least 15 years old but less than 21 years old; and

(b)

one of the following circumstances applies to the person:

(i)

the person is an apprentice;

(ii)

the person is employed under a contract of service for which the person is required to undergo training, instruction or examination for the purpose of becoming qualified in the occupation to which the contract relates;

(iii)

under the person’s conditions of employment, the person’s pre-injury weekly income would have increased if the person had continued in that employment because the person—

(A)

attained a particular age; or

(B)

completed a particular period of service or course of training.

(2)

For any week after the date of the motor accident in relation to which the person is entitled to an income replacement benefit payment, the payment must be calculated on the basis that the person’s pre-injury weekly income is the weekly income the person is likely to have been entitled to for that week.

(3)

The MAI guidelines may make provision in relation to the matters to be taken into account for determining the weekly income the person is likely to have been entitled to had the motor accident not happened and had the person continued in the employment.

(4)

In this section:

conditions of employment, for an injured person, includes conditions applying to the person’s employment under an award or industrial agreement.

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