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3.3 Entitlement periods & step-downs


3.3.1 Count weekly payments | 3.3.2 First entitlement period | 3.3.3 Second entitlement period | 3.3.4 Review of entitlement at the end of the second entitlement period | 3.3.5 After the second entitlement period | 3.3.6 Weekly payment rates


There are three entitlement periods for claims for weekly payments:

Entitlement period Claims received by the Agent before
1 January 2005
Claims received by the Agent on or after
1 January 2005
First entitlement period Weeks 0-13 Weeks 0-13
Second entitlement period Weeks 14-104 Weeks 14-130
After second entitlement period Weeks 105 + Weeks 131 +
Calculate the entitlement period

To calculate the entitlement period, a 'week' means a week in which any amount of compensation in the form of weekly payments or weekly payments of pension or superannuation contributions is paid or payable. It may be for all or part of that week.

See: Count weekly payments

First entitlement period

The first entitlement period is the first aggregate period of 13 weeks for which weekly payments are paid or payable.

The 13 weeks do not have to be consecutive.

See: Payments for periods from 13 November 2013


Second entitlement period

The length of the second entitlement period depends on when the claim for weekly payments was received by the Agent.

If the claim for weekly payments was received by the Agent:

  • before 1 January 2005 the second entitlement period is a maximum of 91 weeks
  • on or after 1 January 2005 the second entitlement period is a maximum of 117 weeks.

The weeks in the second entitlement period:

  • exclude the first entitlement period
  • are an aggregate period for which weekly payments is actually paid or payable
  • do not have to be consecutive.

After second entitlement period

A worker is not entitled to weekly payments after the second entitlement period unless one of the following applies:

A worker's legal ability to work in Australia (i.e. VISA/convictions) has no relevance when applying the capacity test at 130 weeks.

See: NCI triage reference sheet | After the second entitlement period | Terminate or alter weekly payments

A worker may apply to receive weekly payments after the second entitlement period.


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