Workers Compensation Regulation 2016

A further lump sum compensation claim may be made in respect of an existing impairment.

Only one further lump sum compensation claim can be made in respect of the existing impairment.

Despite section 66(1) of the 1987 Act, the degree of permanent impairment in respect of which the further lump sum compensation claim is made is not required to be greater than 10%.

For the purposes of subclauses (1) and (2)—

a further lump sum compensation claim made, and not withdrawn or otherwise finally dealt with, before the commencement of subclause (1) is to continue and be dealt with as if section 66(1A) of the 1987 Act had never been enacted, and

no regard is to be had to any further lump sum compensation claim made in respect of the existing impairment—

that was withdrawn or otherwise finally dealt with before the commencement of subclause (1), and

in respect of which no compensation has been paid, and

section 322A of the 1998 Act does not operate to prevent an assessment being made under section 322 of that Act for the purposes of a further lump sum compensation claim.

The following provisions are to be read subject to this clause—

section 66 of, and clause 15 of Part 19H of Schedule 6 to, the 1987 Act,

section 322A of the 1998 Act,

clauses 10 and 19 of this Schedule.

In this clause—