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Legislative Assembly for the ACT: 2001 Week 10 Hansard (28 August) . . Page.. 3551 ..


(d) if the worker is working more than 75% of the worker's average pre-incapacity weekly hours but not more than 85%-95%; or

(e) if the worker is working more than 85% of the worker's average pre-incapacity weekly hours-100%.

(4) In this section:

statutory ceiling , in relation to an amount, means 150% of AWE at the time the amount is to be paid.

8F Stopping of payments for partial incapacity

A worker stops being entitled to payments under section 8D (Partially incapacitated workers up to 26 weeks after incapacity date) or section 8E (Partially incapacitated workers after 26 weeks after incapacity date) if the worker-

(a) stops being partially incapacitated; or

(b) for a worker who, at the time of the injury being compensated, was 1 year younger than pension age or older-has received payments under sections 8D and 8E, or sections 8C (Totally incapacitated workers), 8D and 8E, for 2 years in total; or

(c) reaches pension age; or

(d) dies.

8G Effect on payment period of loss of entitlement to weekly compensation

(1) This section applies if a worker would be entitled to weekly compensation under section 8C (Totally incapacitated workers), section 8D (Partially incapacitated workers up to 26 weeks after incapacity date) or section 8E (Partially incapacitated workers after 26 weeks after incapacity date) but the payment of the compensation has been stopped under section 10F (No compensation while imprisoned) or section 10ZI (Compliance by workers).

(2) The period when the worker's entitlement to payment has stopped is counted as part of the period for payment under sections 8C, 8D and 8E.

8H Living outside Australia (ACT WCA sch 1 cl 14)

(1) A worker who is otherwise entitled to receive weekly compensation is not entitled to the compensation if the worker stops living in Australia.

(2) Subsection (1) does not apply to the worker if a medical referee certifies that-

(a) the incapacity resulting from the injury is likely to be permanent; or

(b) the worker's absence from Australia is likely to help the worker recuperate.

8I Effect of living outside Australia if compensation still payable (ACT WCA sch 1 cl 14)

(1) This section applies if the worker lives outside Australia but is, apart from this section, still entitled to weekly compensation.

Note A worker living outside Australia is still entitled to compensation if s 8H (2) applies to the worker.

(2) The worker is not entitled to weekly compensation, but is entitled to receive quarterly the amount of the weekly compensation payable during the previous quarter.


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