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Workplace Injury Rehabilitation and Compensation Act 2013
183Grounds for alteration or termination of weekly payments
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183 Grounds for alteration or termination of weekly payments
(1) In addition to other grounds under this Act for termination or alteration of weekly payments, the Authority or a self-insurer—
(a) may increase or reduce weekly payments on the ground that there is not, or is no longer, an entitlement to weekly payments of the existing amount; or
(b) may terminate weekly payments on the ground that—
(i) the worker is not entitled to compensation under Division 3 of Part 2 or Division 2 of this Part; or
(ii) the worker is not, or is no longer, entitled to weekly payments; or
(c) may terminate or alter weekly payments on the ground that—
(i) the worker has returned to any work whether as a self-employed person or in employment; or
(ii) in the case of a worker who has current weekly earnings, the amount of the worker's current weekly earnings alters; or
(iii) payments for regular overtime or shift allowances are no longer included in the worker's pre-injury average weekly earnings; or
(iv) a non-pecuniary benefit within the meaning of section 155(1)(d) or 156(1)(b) is varied or no longer paid; or
(v) a non-pecuniary benefit provided by an employer in the circumstances referred to in paragraph (b) of the definition of ***deductible amount*** is varied or no longer paid.
(2) A termination or alteration of weekly payments on a ground specified in subsection (1)(a) or (b) has effect—
(a) only if written notice in accordance with section 188 is given; and
(b) after the expiry of the required notice period.
(3) A termination or alteration of weekly payments on a ground specified in subsection (1)(c) has effect—
(b) as from the day on which the circumstances establishing the ground first arise.
(4) The Authority or a self-insurer may terminate weekly payments if it considers that payments were obtained fraudulently.
(5) A termination of weekly payments on the ground specified in subsection (4) has effect—
(a) if written notice in accordance with section 188 is given; and
(b) as from the day (whether before, on or after the giving of the notice) on which the Authority or self-insurer makes the decision.