25AACalculation of payments, &c.

25AA Calculation of payments, &c.

[Section 25AA Inserted by No. 16 of 1965, s. 7 ]

(1)  Where, for the purposes of this Part, it is necessary to determine the aggregate of the payments made under this Part by way of compensation to any employee, that aggregate shall be deemed to be the aggregate of the following amounts, namely:

(a) The aggregate of the weekly payments made to the employee by way of compensation under this Part; and

(b) An amount that bears to the aggregate of the amounts of any lump sum payments made to the employee by way of compensation under this Part the same proportion as two hundred and eighty-four bears to two hundred and sixty-three.

(2)  *[Section 25AA Subsection (2) amended by No. 78 of 1967, s. 4 and Sched. 1 ]*The average weekly wage for Hobart for any period shall be determined for the purposes of this Act by dividing by the number of weeks in the period the aggregate of the sums that would have been paid if on each day of the period a sum was paid that was equal to one-seventh of the basic rate for that day.

(3)  *[Section 25AA Subsection (3) amended by No. 44 of 1993, s. 14 and Sched. 1 ]*References in this Part to the period of any payments shall in relation to a lump sum paid in respect of any incapacity be construed as references to the period commencing with the commencement of the period of the relevant incapacity and ending –

(a) where the lump sum is paid under an agreement made under subsection (5) of section twenty-two, on the date on which the agreement was entered into; or

(b) where the lump sum is paid under subsection (10) of that section, on the date on which the Secretary determined to make the payment of that lump sum.

(4)  *[Section 25AA Subsection (4) amended by No. 44 of 1993, s. 14 and Sched. 1 ]*Where it has been established to the satisfaction of the Secretary in accordance with this Part that a person is suffering from an incapacity or disease to such an extent as would authorize or require the Secretary to make payments by way of compensation under this Part in respect of that incapacity or disease the date on which that fact is so established shall, for the purposes of subsection (3) of this section, be deemed to be the date of the commencement of the relevant period of incapacity in relation to any payments made by way of compensation under this Part in respect of that incapacity or that disease or any incapacity arising from the disease, whether or not those payments are made as a consequence of any increase in the severity or extent of the disease or incapacity.