3.4.1 Requirements to make weekly payments

There are certain requirements that Agents must meet to make weekly payments.

3.4.1.1 Reimburse employer

The employer starts to pay the worker within seven days of the claim being accepted.

See: Payment frequency

WIRC s178

AC s114C

Employer seeks reimbursement

Employers must seek reimbursement within three months of paying the worker. The Agent is not required to reimburse the employer if the request for reimbursement is received after three months from when the employer paid the worker unless the Agent is satisfied that the employer’s delay to apply for reimbursement was reasonable.

WIRC s179

AC s114D

Process

Follow these steps to reimburse an employer for weekly payments.

Step	Agent action
Receive reimbursement request from employer	Employer seeks reimbursement within three months of paying the worker To seek reimbursement employers must provide: a valid certificate of capacity for the period claimed a written request for reimbursement with information indicated in Requests for reimbursement. Employer seeks reimbursement more than three months after paying the worker To seek reimbursement employers must provide: a valid certificate of capacity for the period claimed a written request for reimbursement with information indicated in Requests for reimbursement written reasons for the delay to seek reimbursement. See: Certificate of Capacity code / payment form Reconciliation - initial reimbursement request not paid by Agent If the employer has already submitted a request for reimbursement for the period claimed and has not been reimbursed by the Agent, the employer must provide documented evidence to demonstrate that the request for reimbursement was made to the Agent within three months of making payments to the worker using WorkSafe Reconciliation Request form.
Assess request for reimbursement	Send copies of WorkSafe Compensation Reimbursement Request form to employers with the standard letter to advise that the claim is accepted. See: WorkSafe Compensation Reimbursement Request form Employer seeks reimbursement When an Agent receives a request for reimbursement from an employer, the Agent checks that the request is within three months of making the payment to the worker. If the employer has applied for reimbursement after three months from the date of payment to the worker, follow the late request process. See: Process late request Requests for reimbursement not received on active claims If an Agent has not received a request for reimbursement from an employer on an active claim they must contact the employer to: ascertain the status of the claim remind the employer that requests for reimbursement must be lodged within three months of them paying the worker. Has employer sent a valid request for reimbursement Check that the employer has sent a valid request for reimbursement. See: Requests for reimbursement Reimbursement request is invalid In the event that the employer has failed to submit relevant information, the Agent should make reasonable inquiries of the employer to obtain information. Agents should inform the employer that if the information is not provided within three months of making the payment to the worker the request will be treated as a late request for reimbursement and will be processed as such. Determine entitlement to weekly compensation payments Before reimbursing an employer the Agent must check that the worker has an entitlement to weekly payments for the period claimed. Process payment Use Certificate of Capacity Code / Payment form when processing payments. A copy of this form must be filed in the claim file with the certificate of capacity and the request for reimbursement. Reimburse the employer within 30 days of receipt of a valid request for reimbursement from the employer or is liable to pay interest. See: Certificate of Capacity code / payment form WIRC s179 AC s114D Reconcile weekly payments Before closing a claim file Agents must liaise with the employers to reconcile existing valid request for reimbursement with payments received.
Receive further certificates of capacity	The worker provides their employer with a valid Certificate of Capacity. When the employer receives a valid Certificate of Capacity they continue to: make weekly payments to the worker seek reimbursement from the Agent within three months WIRC s179 AC s114D WIRC s167

Step

Agent action

Receive reimbursement request from employer

Employer seeks reimbursement within three months of paying the worker

To seek reimbursement employers must provide:

a valid certificate of capacity for the period claimed
a written request for reimbursement with information indicated in Requests for reimbursement.

Employer seeks reimbursement more than three months after paying the worker

To seek reimbursement employers must provide:

a valid certificate of capacity for the period claimed
a written request for reimbursement with information indicated in Requests for reimbursement
written reasons for the delay to seek reimbursement.

See: Certificate of Capacity code / payment form

Reconciliation - initial reimbursement request not paid by Agent

If the employer has already submitted a request for reimbursement for the period claimed and has not been reimbursed by the Agent, the employer must provide documented evidence to demonstrate that the request for reimbursement was made to the Agent within three months of making payments to the worker using WorkSafe Reconciliation Request form.

Assess request for reimbursement

Send copies of WorkSafe Compensation Reimbursement Request form to employers with the standard letter to advise that the claim is accepted.

See: WorkSafe Compensation Reimbursement Request form

Employer seeks reimbursement

When an Agent receives a request for reimbursement from an employer, the Agent checks that the request is within three months of making the payment to the worker.

If the employer has applied for reimbursement after three months from the date of payment to the worker, follow the late request process.

See: Process late request

Requests for reimbursement not received on active claims

If an Agent has not received a request for reimbursement from an employer on an active claim they must contact the employer to:

ascertain the status of the claim

remind the employer that requests for reimbursement must be lodged within three months of them paying the worker.

Has employer sent a valid request for reimbursement

Check that the employer has sent a valid request for reimbursement.

See: Requests for reimbursement

Reimbursement request is invalid

In the event that the employer has failed to submit relevant information, the Agent should make reasonable inquiries of the employer to obtain information.

Agents should inform the employer that if the information is not provided within three months of making the payment to the worker the request will be treated as a late request for reimbursement and will be processed as such.

Determine entitlement to weekly compensation payments

Before reimbursing an employer the Agent must check that the worker has an entitlement to weekly payments for the period claimed.

Process payment

Use Certificate of Capacity Code / Payment form when processing payments. A copy of this form must be filed in the claim file with the certificate of capacity and the request for reimbursement. Reimburse the employer within 30 days of receipt of a valid request for reimbursement from the employer or is liable to pay interest.

See: Certificate of Capacity code / payment form

WIRC s179

AC s114D

Reconcile weekly payments

Before closing a claim file Agents must liaise with the employers to reconcile existing valid request for reimbursement with payments received.

Receive further certificates of capacity

The worker provides their employer with a valid Certificate of Capacity.

When the employer receives a valid Certificate of Capacity they continue to:

make weekly payments to the worker
seek reimbursement from the Agent within three months

WIRC s179

AC s114D

WIRC s167

3.4.1.2 Payment frequency

WIRC s179

AC s114D

WIRC s178

AC s114C

Weekly payments must be made to the worker:

within seven days of the end of the week in which the payment is due, for example: the payment for the week 24 to 30 July must be made by the week ending 6 August or
if the worker was paid less frequently, at such times as the worker would be paid if at work, for example: if the worker is normally paid on the 15th of each month, the payment for the week 24 to 30 July would be due on 15 August.

Pay immediately if liability is accepted near 28th day

If the Agent does not accept liability until or near the 28th day of the claim being lodged, they must instruct the employer to make immediate payments.

Subsequent acceptance of claims and payment frequency

If the Agent subsequently accepts a claim for weekly payments that was initially rejected the Agent must advise the worker and the employer:

of the decision to accept the claim for weekly payments
that weekly payments must be made to the worker within seven days of the claim being accepted.

Pay immediately for court or conciliation decisions

If payments are to be made as a result of a direction by a Conciliation Officer or because a Court has set aside the rejection or termination decision, Agents must advise employers that payments and interest payable must be made within seven days of that decision or determination. If a preliminary notice A preliminary notice is issued by Centrelink indicating that they have an interest in the worker referred to in the notice and may wish to recover an amount equal to all or part of the amount payable. This notice places an obligation on WorkSafe/Agent to notify Centrelink prior to releasing any weekly payments to the worker. WorkSafe/Agent is to advise Centrelink within seven calendar days of accepting liability for weekly compensation or receiving the notice if liability has been already been accepted, whichever is the later. has been received from Centrelink, Agents must seek Centrelink clearance immediately to ensure that weekly payments are made within seven days.

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