87Cessation on account of age of entitlement to weekly payments

87 Cessation on account of age of entitlement to weekly payments

[Section 87 Subsection (2) amended by No. 16 of 1995, s. 91 and Sched. 1 ]

(1AA)  [Section 87 Subsection (1AA) inserted by No. 39 of 2017, s. 25, Applied:01 Jan 2018] In this section –

[Section 87 Subsection (1AA) amended by No. 41 of 2022, s. 5, Applied:01 Mar 2023] cessation date means the date applicable by virtue of subsection (1);

pension age, in relation to a worker, means the pension age, within the meaning of the Social Security Act 1991 of the Commonwealth, in relation to the worker.

(1)  Subject to subsection (2) , an entitlement of a worker to weekly payments of compensation under section 69 in relation to an injury in respect of which an employer is liable to pay compensation under this Act ceases –

(a) [Section 87 Subsection (1) amended by No. 39 of 2017, s. 25, Applied:01 Jan 2018] [Section 87 Subsection (1) amended by No. 41 of 2022, s. 5, Applied:01 Mar 2023] if the injury occurs 2 years or more before the date on which the worker attains the pension age – on the date on which the worker attains the pension age; or

(b) [Section 87 Subsection (1) amended by No. 39 of 2017, s. 25, Applied:01 Jan 2018] [Section 87 Subsection (1) amended by No. 41 of 2022, s. 5, Applied:01 Mar 2023] [Section 87 Subsection (1) amended by No. 41 of 2022, s. 5, Applied:01 Mar 2023] if the injury occurs less than 2 years before the date on which the worker attains the pension age – on the date 2 years after the injury occurs.

(2)  [Section 87 Subsection (2) amended by No. 41 of 2022, s. 5, Applied:01 Mar 2023] *[Section 87 Subsection (2) amended by No. 50 of 1992, s. 10 ]*Where the terms and conditions of a worker's employment are such as to permit him or her to continue in that employment beyond the cessation date, the worker may refer to the Tribunal for determination the question as to whether or not the provisions of should apply to him or her.