3.9.2 Not increasing or not paying weekly payments

In some circumstances where a worker’s current weekly earnings have been reduced the Agent has the discretion not to increase a worker’s weekly payment amount due to the reduction in CWE Current Weekly Earnings.

Grounds for not increasing weekly payment amount

The Agent has discretion not to increase the weekly payment amount or not pay weekly payments where a worker:

  • has a CWC Current Work Capacity
  • has CWE and is receiving or but for the worker’s CWE would have been entitled to receive weekly payments

and the worker’s CWE are reduced because:

  • the worker no longer lives in Victoria
  • the worker’s employment was terminated because of the worker’s misconduct
  • the worker has resigned
  • the worker has reduced the hours worked (except in the circumstances in s93CDA) for reasons unrelated to the worker’s incapacity.
Notice requirements

If the worker’s weekly payments are not being increased the Agent must write to the worker and employer to advise:

  • that the worker’s weekly payment amount will not increase
  • the reason for the decision.

The notice is effective from the date that the worker removed themselves from employment.

No alteration if worker on paid annual leave or paid long service leave

If the worker’s CWE are reduced because the worker is on paid annual leave or long service leave, the Agent must not alter the worker’s weekly payment amount by reason only of that reduction.

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