114EOutstanding weekly payments

114E Outstanding weekly payments S. 114E(1) amended by No. 41/2006 s. 22(1). (1) The amount of outstanding weekly payments and interest at the prescribed rate on each outstanding weekly payment are payable to the worker in the following circumstances and in respect of the periods specified in relation thereto— (a) if a Conciliation Officer directs that weekly payments be commenced or continued to be paid at the current rate or increased, from the day— (i) on which incapacity commenced; or (ii) on which weekly payments were terminated or altered; or S. 114E(1) (a)(iii) amended by No. 81/1998 s. 23(o). (iii) on which the worker's application to increase the amount of weekly payments was received by the Authority or self-insurer— until the day on which the direction is revoked or payments are commenced, continued or increased, whichever is the earlier; S. 114E(1)(b) amended by No. 41/2006 s. 22(2). (b) subject to subsection (1A), if a decision to reject a claim for weekly payments is set aside by the Magistrates' Court or the County Court, from the day on which the incapacity commenced until the day on which the decision is set aside; S. 114E(1)(c) amended by No. 41/2006 s. 22(2). (c) subject to subsection (1A), if a decision to terminate or reduce weekly payments is set aside by the Magistrates' Court or the County Court, from the day on which the decision took effect until the day on which the decision is set aside; S. 114E(1)(d) amended by No. 41/2006 s. 22(2). (d) subject to subsection (1A), if a decision to reject an application by a worker to increase the amount of weekly payments is set aside by the Magistrates' Court or the County Court, from a day determined by the Magistrates' Court or the County Court until the day on which the decision is set aside; S. 114E(1)(e) amended by No. 81/1998 s. 23(m). (e) if an employer, the Authority or a self‑insurer fails to make any weekly payment as and when required by the Act to be made to a worker, from the day after the payment was required to be made until the day before the payment is made. S. 114E(1A) inserted by No. 41/2006 s. 22(3). (1A) If a worker has not made an application to the Magistrates' Court or the County Court within one year of being notified by a Conciliation Officer under section 59(4) that the Conciliation Officer is satisfied that there is a genuine dispute with respect to the liability to make or continue to make weekly payments and that an application may be made to the Magistrates' Court or the County Court to determine the matter, interest is not payable under subsection (1) in respect of the period beginning after the expiry of one year after that date and ending on the day on which the application is made. S. 114E(2) amended by Nos 47/1996 s. 18(1), 81/1998 s. 23(r). (2) If an employer is responsible for making weekly payments to a worker, the Authority, must pay the employer the amount of any outstanding weekly payments payable under subsection (1). S. 114E(3) inserted by No. 47/1996 s. 18(2). (3) Subsection (2) does not apply to a self-insurer or a subsidiary of a self-insurer except in relation to the employment of a student worker. S. 114EA inserted by No. 9/2010 s. 47. 114EA Outstanding superannuation contributions (1) Subject to subsection (2), outstanding payments of compensation in the form of superannuation contributions under section 93CE, and interest at the prescribed rate on each outstanding payment from the last date on which such a payment should have been paid until the date on which the payment is paid, are payable to the superannuation fund nominated by the worker under section 93CE for the benefit of the worker if a decision to terminate superannuation contributions under section 114AA is set aside by the court. (2) If a worker has not made an application to the court within one year after being notified by a Conciliation Officer that the Conciliation Officer is satisfied that there is a dispute with respect to liability to make or continue to make payments of compensation in the form of superannuation contributions under section 93CE and that an application may be made to the court to determine the matter, interest is not payable under subsection (1) in respect of the period beginning after the expiry of one year after that date and ending on the day on which the application is made. (3) If, under section 114E, outstanding payments of compensation in the form of weekly payments are payable in the circumstances referred to in section 114E(1)(b), (c) or (d), then, subject to section 93CE, compensation in the form of superannuation contributions under that section in respect of those outstanding payments and interest at the prescribed rate on each such payment are also payable. S. 114EB inserted by No. 9/2010 s. 47. 114EB Alteration or termination of superannuation contributions The Authority or a self-insurer is not required to give written notice to the worker of— (a) an alteration of compensation in the form of superannuation contributions where the alteration is because of an alteration in the compensation in the form of weekly payments paid or payable to the worker; or (b) the termination of compensation in the form of superannuation contributions where the termination is because the worker is not, or has ceased to be, entitled to compensation in the form of weekly payments. S. 114F inserted by No. 50/1994 114F Recovery of payments S. 114F(1) amended by No. 81/1998 s. 23(m). (1) The Authority or a self-insurer may recover from a worker, an employer or any other person any payment of compensation or other amount to which the worker, employer or other person is not entitled. S. 114F(1AA) inserted by No. 5/2021 s. 36. (1AA) Subsection (1) does not apply in respect of provisional payments made under Division 2BA, except in the case of a payment obtained fraudulently. S. 114F(1A) inserted by No. 80/2010 s. 69(1). (1A) If the Authority recovers from a worker any amount paid as compensation to the worker by the worker's employer to which the worker is not entitled, the Authority may reimburse that amount to the employer. S. 114F(2) amended by No. 81/1998 s. 23(k)(s). (2) The Authority may recover from an employer the amount of any penalty or cost incurred by the Authority as a result of the employer failing to pay compensation as required by the Act. S. 114F(3) inserted by No. 80/2010 s. 69(2). (3) If— (a) an amount of compensation under this Act has been paid to a person in consequence of a false or misleading statement or representation or in consequence of a failure or omission to comply with a provision of this Act; or (b) a person is liable to pay an amount to the Authority or a self-insurer under this Act— the amount concerned is recoverable by the Authority or a self-insurer from a person in a court of competent jurisdiction as a debt due to the Authority or self-insurer. S. 114F(4) inserted by No. 80/2010 s. 69(2). (4) Where an amount is recoverable from a person under subsection (3) and an amount is payable under this Act to or for the benefit of that person, the recoverable amount may be deducted from the amount so payable, despite anything to the contrary in section 97(4). Pt 4 Div. 3AA (Heading and ss 114H–114R) inserted by No. 9/2010 s. 91. Division 3AA—Employer objections Ss 114H–114M inserted by No. 9/2010 s. 91, repealed by No. 67/2013 s. 635(7). S. 114N inserted by No. 9/2010 s. 91, amended by No. 80/2010 s. 70, repealed by No. 67/2013 s. 635(7). Ss 114O–114R inserted by No. 9/2010 s. 91, repealed by No. 67/2013 s. 635(7). S. 114S inserted by No. 80/2010 s. 71, repealed by No. 67/2013 s. 635(7). New Pt 4 Div. 3A (Heading) inserted by No. 50/1994 s. 50, substituted by No. 82/2001 s. 3.