Long service benefit on ceasing to carry out construction work
22 Long service benefit on ceasing to carry out construction work
This section applies to a person who:
is a registered worker; and
has ceased to carry out construction work; and
has at least 45.5 days of LSL credits.
(2) The person may apply for a long service benefit for an amount of LSL credits (the redeemed credits) that is all or part of the person's LSL credits.
The application must be:
made to the Board in an approved form; and
(b) made within 4 years after the applicant ceased to carry out construction work.
(4) If the Board is satisfied that the applicant is entitled to make the application:
(a) the Board must accept the application and pay a long service benefit for the redeemed credits to the applicant; and
(b) the amount of the benefit is worked out by multiplying the amount of the redeemed credits by the relevant pay rate for the applicant.
For subsection (4):
(a) the amount of the redeemed credits must be expressed as a number (including a decimal number) of days; and
the relevant pay rate for the applicant is:
(i) if the applicant was last credited with qualifying service when the applicant was an employee – the employee pay rate that would have been applicable to the applicant when that credit was made; or
(ii) if the applicant was last credited with qualifying service when the applicant was a contractor – the contractor pay rate that would have been applicable to the applicant when that credit was made.
(6) The Registrar must reduce the applicant's LSL credits by the amount of the redeemed credits if the Board decides to accept the application.
(7) The Board must refuse the application if the Board is not satisfied that the applicant is entitled to make the application.
(8) Whether the Board decides to accept or refuse the application, the Board must, as soon as practicable after making the decision, give the applicant a notice stating:
the decision; and
the reasons for the decision; and
(c) that the applicant is entitled to apply for a reconsideration or review in relation to the decision under Part 5, Division 4.
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