3.3.6.3 Payments for periods before 5 April 2010 but after 12 November 1997

Claims for weekly payments first made before 5 April 2010 but after 12 November 1997

First entitlement period First entitlement period, in relation to a claim for compensation in the form of weekly payments made by a worker means an aggregate period not exceeding 13 weeks (whether or not consecutive) in respect of which a weekly payment has been paid or is payable to the worker

If the worker has: Pay the lesser of:
No current work capacity
  • 95% of PIAWE or
  • the statutory maximum for the relevant financial year
Current work capacity
  • 95% of PIAWE less CWE or
  • the statutory maximum for the relevant financial year less CWE

Second & post second entitlement period

If the worker has: Pay the lesser of:
No current work capacity
  • 75% of PIAWE or
  • the statutory maximum for the relevant financial year
Current work capacity
  • 60% of PIAWE less 60% of CWE or
  • the statutory maximum for the relevant financial year less 60% of CWE
Pre 12 November 1997 claim

First entitlement period

If the worker has: Pay the lesser of:
No current work capacity
  • 95% of PIAWE or
  • the statutory maximum for the relevant financial year
Current work capacity
  • 95% of PIAWE and 95% of CWE or
  • the statutory maximum for the relevant financial year less 95% of CWE

Second & post second entitlement period

If the worker has: Pay the lesser of:
No current work capacity
  • 70% of PIAWE or
  • the statutory maximum for the relevant financial year
Current work capacity
  • 60% of PIAWE less 60% of CWE or
  • the statutory maximum for the relevant financial year less 80% of CWE
Assessed as SI
  • 90% of PIAWE less 90% of CWE or
  • the statutory maximum for the relevant financial year

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