3.9.3 Worker applies to alter weekly payments
Workers have the right to request a correction to their weekly payment rate.
A worker receiving weekly payments may apply in writing to the Agent for an increase or reduction in the amount of the payments.
The worker must specify the reasons for applying and provide supporting evidence with the application.
There are no standard forms or methods for applying. Agents are to treat as an application any letter or form that requests a review of, increase or decrease in, weekly payments.
If worker applies for alteration to weekly payments
A worker may apply for a change to the amount of the weekly payments or advise that a calculation is incorrect. The Agent has 28 days to send a written response to approve or reject the application including giving a statement of reasons if the application is rejected.
The 28 days starts from the date that the Agent receives the application or advice.
Examples of a worker believing there has been an error include the:
- employer’s calculation of the PIAWE or CWE Current Weekly Earnings
- Agent’s calculations of a compensation rate or CWE.
Effective date of changed payment
The date of effect of the decision depends on the circumstances of the application. In some cases it may be retrospective.
For example If a worker received weekly payments for two months, which were based on an incorrect PIAWE, the decision must be backdated to the date of injury and any shortfall over the previous two months to be paid.
Agent to decide within 28 days
Within 28 days after receiving an application the Agent must:
- approve or reject the application
- give the worker and the employer written notice of the decision
- include a statement of reasons in the decision if the application is rejected.
See: Contents of notice
Count 28 days from when Agent receives application
The first day of the 28 day period is taken as the day after the application is received.
If the 28th day falls on a weekend or public holiday the 28th day becomes the next working day.
The worker and the employer must be given written notice of the decision within the 28 days.
See: Period of notice
Alteration is effective within 28 days
If an application is approved, weekly payments of the new amount must start within the 28 days.