8MWithdrawal of pre-injury average weekly earnings agreement—Schedule 3, clause 3(2) and (3)

#### 8M Withdrawal of pre-injury average weekly earnings agreement—Schedule 3, clause 3(2) and (3) 8M Withdrawal of pre-injury average weekly earnings agreement—Schedule 3, clause 3(2) and (3) > > (1) A party to a pre-injury average weekly earnings agreement approved under this Division may withdraw from the agreement at any time by giving notice in writing to the other party and to the insurer. > > > (2) Within 7 days after receiving notice of the withdrawal, the insurer is to— > > > > > (a) determine the amount of the pre-injury average weekly earnings that applies to the worker for the purposes of Division 2 of Part 3 of the 1987 Act, and > > > > > (b) give the worker and the employer notice in writing of the withdrawal from the agreement and of the amount determined in accordance with paragraph (a). > > > (3) A decision of the insurer under this clause determining the applicable amount of pre-injury average weekly earnings is a work capacity decision and takes effect on the date of the notice under subclause (2)(b). > > > (4) However, subclause (3) does not limit the application of clause 8N in respect of any payment increase decision. > > Note. > > See also section 80 of the 1998 Act with respect to the required period of notice for the reduction of weekly payments. > > **cll 8M:** Ins 2019 (455), Sch 1\[2\].