3.4.1.5 Make weekly payments without certificates
Weekly payments can only be paid without certificates when a decision to reject a claim for weekly payments or to terminate weekly payments is set aside. In such a case, the worker is not required to provide Certificates of Capacity for payment periods between the date the rejection or termination decision takes effect and the date the decision is set aside.
Setting aside a decision to reject or terminate includes a decision where:
- an Agent agrees to make any weekly payment after a rejection or termination, even though there is no formal withdrawal of the notice
- an Agent decides to withdraw a decision to reject or terminate after an internal review
- parties at Conciliation agree to withdraw a decision to reject or terminate or the Conciliation Officer issues a Direction to set aside a decision to reject or terminate
- the Workers Compensation Independent Review Service (WCIRS) issues a direction to an Agent to overturn a decision to reject or terminate weekly payments
- an Agent decides to withdraw a decision to reject or terminate weekly payments during an independent review by WCIRS, or
- a Court sets aside a decision to reject or terminate.
3.4.1.6 Interim payments
If there is a dispute on the PIAWE figure, Agents must process payments based on the lower PIAWE rate until the dispute is resolved.
If a higher PIAWE rate is subsequently determined, the Agent updates the PIAWE from the beginning of the weekly payment entitlement and pays adjustment payments.
See: Interest on payments | Centrelink benefits
Courts
The Magistrates’ Court or County Court may make an interim award or recommendation for payment before making a final decision about the total amount of weekly payments.
An interim award or recommendation and interim payments do not:
- prevent the Court from making further interim awards or a final determination/recommendation
- prejudice the rights of the parties to further or final recommendation or determination.