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reg 118

Reduction of weekly payments

In force
Part 6Compensation
Division 3Personal injury compensation

118 Reduction of weekly payments

(1)

The Authority, in accordance with regulation 120, may reduce weekly payments on one or more of the following grounds—

(a)

there is not, or is no longer, an entitlement to weekly payments at the existing amount;

(b)

the member has returned to work;

(c)

the member's current weekly earnings have altered by reason of a change in employment circumstances;

(d)

the Authority considers that the member unreasonably did not accept—

(i)

an offer of suitable employment; or

(ii)

an offer of suitable employment which would result in increased weekly earnings or greater employment opportunities;

(e)

the member's current work capacity warrants a reduction of weekly payments.

(2)

When a member has received weekly payments for loss of income in respect of an aggregate period of 156 weeks (whether consecutive or not), the Authority must reduce weekly payments, in accordance with regulation 120, to—

(a)

if the member has a serious injury as determined by the Authority or has no current work capacity for suitable employment, 90% of the member's pre‑injury average weekly earnings as determined by the Authority; or

(b)

if the member has a current work capacity for suitable employment, 70% of the member's pre-injury average weekly earnings as determined by the Authority—

less the member's current weekly earnings, or notional current weekly earnings as determined by the Authority.

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