40Entitlement after second entitlement period not affected by certain circumstances

#### 40 Entitlement after second entitlement period not affected by certain circumstances 40 Entitlement after second entitlement period not affected by certain circumstances > > (1) A worker who receives weekly payments under section 38 does not cease to be entitled to weekly payments under that section by reason only that the worker occasionally, but not during more than 4 weeks in the first period of 12 consecutive weeks immediately after the worker first received weekly payments under that section, or in any subsequent consecutive period of 12 weeks— > > > > > (a) has worked more hours during a week, or > > > > > (b) has worked fewer hours during a week (even if the number of hours worked is less than 15), or > > > > > (c) has received higher current weekly earnings, or > > > > > (d) has received lower current weekly earnings (even if the earnings are less than $155 per week), > > > > than the hours worked, or the current weekly earnings received, at the time of making the application for payments under section 38. > > > (2) A reference in subsection (1) to hours of work does not include hours of leave approved by the employer. > > **s 40:** Am 1989 No 133, Sch 3 (4); 1989 No 133, Sch 4 (3); 1990 No 46, Sch 1; 1991 No 99, Sch 1 (4). Subst 1994 No 10, Sch 1 (3). Am 1995 No 89, Sch 1 \[8\]; 1998 No 85, Sch 1 \[16\]–\[18\]; 1998 No 120, Sch 2.40 \[2\]; 2001 No 61, Schs 1 \[1\], 6.1 \[35\]; 2010 No 101, Sch 1 \[3\]–\[6\]. Subst 2012 No 53, Sch 1.1 \[3\].