54ASafety net income benefit for persons with severe injuries

54A Safety net income benefit for persons with severe injuries (1) Subject to this section, the Commission is liable to pay to a person who as a result of a transport accident— (a) suffers a severe injury and a degree of impairment that is 50 per centum or more which would otherwise entitle the person to payments under section 49, 50 or 51; and (b) has had his or her employment terminated or can no longer sustain his or her self‑employment— a weekly payment under this section. (2) The Commission is not liable to make a payment to a person under this section if the person unreasonably refuses to participate in— (a) a rehabilitation program that is approved by the Commission and provided by a rehabilitation service; or (b) a vocational rehabilitation program that is approved by the Commission and provided by a vocational rehabilitation service. (3) Subject to subsection (4), a person's entitlement to a payment under this section ceases if he or she receives a reasonable offer of suitable employment. (4) If a person to whom this section applies— (a) takes up a reasonable offer of suitable employment; and (b) has his or her employment terminated or can no longer sustain his or her self‑employment— the Commission is liable to pay to the person a weekly payment under this section. (5) A weekly payment under this section must not exceed whichever is the lesser of— (a) $965; or (b) an amount equal to 80 per centum of whichever is the greater of the person's pre‑termination weekly earnings or the person's pre-accident earnings. (6) If a person receives a weekly payment under this section, the person is not entitled to receive a payment under section 49, 50, 50A or 51. ***pre-termination weekly earnings*** in relation to an earner (other than a self-employed person) has the same meaning as ***pre-accident weekly earnings*** has in section 4(1) except that ***relevant day*** means the day on which the post accident employment was terminated; ***pre-termination weekly earnings*** in relation to an earner who is a self-employed person has the same meaning as ***pre-accident weekly earnings*** has in section 5 except that the relevant period is the period of 12 months immediately preceding the day on which the person can no longer sustain his or her self-employment.