3.1 PIAWE | 3.2 Certificate of capacity | 3.3 Entitlement periods & step-downs | 3.4 Make weekly payments | 3.5 Impacts on weekly payments | 3.6 Centrelink benefits | 3.7 Change weekly payments | 3.8 Lump sums and pensions | 3.9 Terminate or alter weekly payments
A worker's PIAWE is based on the average of the worker’s ordinary earnings over the relevant period less any period in which the worker did not work actually work or was not on paid leave or was on paid leave at a rate less than the base rate of pay. PIAWE may also include earnings enhancements (overtime payments and shift allowances).
Entitlement periods and reductions
The legislation sets weekly payments at different rates. The rates depend on:
- when the entitlement to weekly payments started and
- how long the worker has been unable to perform their normal duties.
In most cases a worker will have an entitlement to weekly payments for up to 130 weeks. In some cases weekly payments can continue until retirement age.
In limited circumstances, an older worker may also have an entitlement to weekly payments after retirement age.
A worker’s entitlement to weekly payments is influenced by their work capacity. A worker who has a 'current work capacity Under the legislation, unless inconsistent with the context or subject-matter — current work capacity, in relation to a worker, means a present inability arising from an injury such that the worker is not able to return to his or her pre-injury employment but is able to return to work in suitable employment, declared training program' may be unable to return to their pre-injury employment (1) In this Part — pre-injury employment means the employment of a worker in a position which is the same as or equivalent to the position in which the worker was employed before receiving the injury but can work in suitable employment.
Date claims lodged
Weekly payments are based on the date claims are lodged. The three streams are:
- claims for weekly payments first made on or after 5 April 2010
- claims for weekly payments first made on or after 12 November 1997 and before 5 April 2010
- claims made before 12 November 1997.
Indexation of weekly payments
The legislation provides for the indexation of:
- the statutory maximum amounts for weekly payments and
- the worker’s PIAWE.
For claims first made on or after 5 April 2010, the maximum amount is set by the legislation at twice the State average weekly earnings.