23Compensation for incapacity not payable in certain cases

#### 23 Compensation for incapacity not payable in certain cases (1) Compensation is not payable under section 19, 20, 21, 21A or 22 to an employee who has reached pension age. (1A) However, if an employee who has reached the age that is 2 years before pension age suffers an injury: (a) subsection (1) does not apply; and (b) compensation is payable under section 19, 20, 21, 21A or 22 in respect of the injury: (i) to the extent that this Act (other than subsection (1)) allows; and (ii) for a maximum of 104 weeks (whether consecutive or not) during which the employee is incapacitated. (1B) However, if a Parliamentary Service employee who has reached the age that is 2 years before pension age suffers an injury: (a) subsection (1) does not apply; and (b) compensation is payable under section 19, 20, 21, 21A or 22 in respect of the injury: (i) to the extent that this Act (other than subsection (1)) allows; and (ii) for a maximum of 104 weeks (whether consecutive or not) during which the employee is incapacitated. (2) Compensation is not payable under section 19, 20, 21 or 21A in respect of any period during which the employee is imprisoned in connection with his or her conviction of an offence. (3) Subject to section 31, where a determination is made that an amount of compensation is payable to an employee under section 30 in respect of an injury, compensation is not payable to the employee under section 19, 20, 21 or 21A 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.