138Payments where person entitled to accident compensation

138 Payments where person entitled to accident compensation (1) The Commission must not make a payment under this Division to or in respect of a person who is or appears to be entitled to compensation in respect of an injury or death under the **Accident Compensation Act 1985** except under section 145 or as provided in this section. (2) If the Transport Accident Commission is liable to make payments to the Accident Compensation Commission or an employer under section 137 of the **Accident Compensation Act 1985** in respect of an amount of compensation paid to a person by the Accident Compensation Commission or an employer, the Transport Accident Commission may, if it so determines, after it has satisfied that liability, make payment (the total of which does not exceed $20 800) to the person of compensation for deprivation or impairment of earning capacity. (3) The sum of amounts paid by the Commission under subsection (2) in respect of an injury or death must not exceed $20 800. (4) If the Commission receives notice that a claim for compensation under the **Accident Compensation Act 1985** in respect of an injury is rejected, the Commission may, if it so determines, make payments to the person (the total of which does not exceed $20 800) of compensation for deprivation or impairment of earning capacity. (5) The Commission may make payments under subsection (4) notwithstanding that an application may be made in respect of the rejection of the claim but shall not make payments under that subsection after the claim is accepted.