35Compensation for incapacity not payable in certain cases

35  Compensation for incapacity not payable in certain cases

 (1) Compensation is not payable under section 28, 29, 30, 31, 32, 33 or 34 to a covered person who has reached 65 years of age.

 (2) However, if a covered person who has reached 63 years of age suffers an injury:

 (a) subsection (1) does not apply; and

 (b) compensation is payable under section 28, 29, 30, 31, 32, 33 or 34 in respect of the injury:

 (i) to the extent that this instrument (other than subsection (1) of this section) allows; and

 (ii) for a maximum of 104 weeks (whether consecutive or not) during which the covered person is incapacitated.

 (3) Compensation is not payable under section 28, 29, 30, 31, 32 or 33 in respect of any period during which the covered person is imprisoned in connection with his or her conviction of an offence.

 (4) Subject to section 44, if a determination is made that an amount of compensation is payable to a covered person under section 43 in respect of an injury, compensation is not payable to the covered person under section 28, 29, 30, 31, 32 or 33 in respect of a period of incapacity for work resulting from that injury, being a period occurring after the day on which the determination is made.