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)  [*\[Section 87 Subsection (1AA) inserted by No. 39 of 2017, s. 25, Applied:01 Jan 2018\]*](/view/html/inforce/2018-01-01/act-2017-039#GS25@Hpa@EN) In this section – > > > > > [*\[Section 87 Subsection (1AA) amended by No. 41 of 2022, s. 5, Applied:01 Mar 2023\]*](/view/html/inforce/2023-03-01/act-2022-041#GS5@Hpa@EN) ***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)](#GS87@Gs2@EN) , an entitlement of a worker to weekly payments of compensation under [section 69](#GS69@EN) in relation to an injury in respect of which an employer is liable to pay compensation under this Act ceases – > > > > > > (a) [*\[Section 87 Subsection (1) amended by No. 39 of 2017, s. 25, Applied:01 Jan 2018\]*](/view/html/inforce/2018-01-01/act-2017-039#GS25@Hpb@EN) [*\[Section 87 Subsection (1) amended by No. 41 of 2022, s. 5, Applied:01 Mar 2023\]*](/view/html/inforce/2023-03-01/act-2022-041#GS5@Hpb@EN) 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) [*\[Section 87 Subsection (1) amended by No. 39 of 2017, s. 25, Applied:01 Jan 2018\]*](/view/html/inforce/2018-01-01/act-2017-039#GS25@Hpc@EN) [*\[Section 87 Subsection (1) amended by No. 41 of 2022, s. 5, Applied:01 Mar 2023\]*](/view/html/inforce/2023-03-01/act-2022-041#GS5@Hpd@EN) [*\[Section 87 Subsection (1) amended by No. 41 of 2022, s. 5, Applied:01 Mar 2023\]*](/view/html/inforce/2023-03-01/act-2022-041#GS5@Hpc@EN) 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)  [*\[Section 87 Subsection (2) amended by No. 41 of 2022, s. 5, Applied:01 Mar 2023\]*](/view/html/inforce/2023-03-01/act-2022-041#GS5@Hpf@EN) [*\[Section 87 Subsection (2) amended by No. 41 of 2022, s. 5, Applied:01 Mar 2023\]*](/view/html/inforce/2023-03-01/act-2022-041#GS5@Hpe@EN) [*\[Section 87 Subsection (2) amended by No. 39 of 2017, s. 25, Applied:01 Jan 2018\]*](/view/html/inforce/2018-01-01/act-2017-039#GS25@Hpd@EN) *\[Section 87 Subsection (2) amended by No. 50 of 1992, s. 10 \]*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 [subsection (1)](#GS87@Gs1@EN) should apply to him or her. > > > (3)  [*\[Section 87 Subsection (3) amended by No. 41 of 2022, s. 5, Applied:01 Mar 2023\]*](/view/html/inforce/2023-03-01/act-2022-041#GS5@Hpj@EN) *\[Section 87 Subsection (3) amended by No. 16 of 1995, s. 91 and Sched. 1 \]*In any case referred to it pursuant to [subsection (2)](#GS87@Gs2@EN) , if the Tribunal is satisfied– > > > > > > (a) [*\[Section 87 Subsection (3) amended by No. 39 of 2017, s. 25, Applied:01 Jan 2018\]*](/view/html/inforce/2018-01-01/act-2017-039#GS25@Hpe@EN) [*\[Section 87 Subsection (3) amended by No. 41 of 2022, s. 5, Applied:01 Mar 2023\]*](/view/html/inforce/2023-03-01/act-2022-041#GS5@Hph@EN) [*\[Section 87 Subsection (3) amended by No. 41 of 2022, s. 5, Applied:01 Mar 2023\]*](/view/html/inforce/2023-03-01/act-2022-041#GS5@Hpg@EN) that the terms of the worker's employment would have entitled him or her to continue in that employment beyond the cessation date and the worker, but for the injury referred to in [subsection (1)](#GS87@Gs1@EN) , intended to continue in that employment beyond that date; and > > > > > > > (b) [*\[Section 87 Subsection (3) amended by No. 39 of 2017, s. 25, Applied:01 Jan 2018\]*](/view/html/inforce/2018-01-01/act-2017-039#GS25@Hpf@EN) [*\[Section 87 Subsection (3) amended by No. 41 of 2022, s. 5, Applied:01 Mar 2023\]*](/view/html/inforce/2023-03-01/act-2022-041#GS5@Hpi@EN) that the incapacity of the worker resulting from that injury will continue beyond the cessation date– > > > > the Tribunal may determine that weekly payments of compensation may be continued beyond the cessation date and shall determine the period for which such payments are to be continued. > > > (4)  [*\[Section 87 Subsection (4) inserted by No. 41 of 2022, s. 5, Applied:01 Mar 2023\]*](/view/html/inforce/2023-03-01/act-2022-041#GS5@Hpk@EN) Where an injury occurs – > > > > > > (a) before the commencement of the *Workers Rehabilitation and Compensation Amendment Act 2022*, this section, as in force immediately before the commencement of that Act, and [section 164BAA](#GS164BAA@EN) , apply in relation to that injury and any claim arising from that injury; or > > > > > > > (b) on or after the commencement of that Act, this section, as amended by that Act, applies in relation to that injury and any claim arising from that injury.