51Loss of earning capacity—non-earners

51 Loss of earning capacity—non-earners (1) The Commission is liable to pay to a person, other than an earner or a minor, who, as a result of a transport accident— (b) suffers loss of earning capacity— a weekly payment in respect of that loss after the first 18 months after the accident or after the earner ceases to be entitled to payments under section 44 or 45, whichever last occurs, while that loss continues. S. 51(2) amended by No. 84/1994 s. 13(2)(a). (2) The amount of the weekly payment under this section is the amount to which the person would have been entitled under section 49 or 50 if, at the time of the transport accident, the person had been an earner, less an amount calculated in accordance with the formula— A is the amount to which the person would have been so entitled. B is the number of years before the person attains pension age during which the person is reasonably likely not to be employed. C is the pension age of the person. D is the age of the person in whole years. (3) If a person receives a weekly payment under this section, the person is not entitled to receive a payment under section 49 or 50. S. 51(4) repealed by No. 84/1994 s. 13(2)(b). (5) A person who receives a weekly payment under this section in respect of a transport accident must, within two months after each anniversary of the date on which the person first received a payment under this section in respect of that accident, give the Commission a statement of earnings in the prescribed form with particulars of the person's earnings (if any) in the year preceding that anniversary.