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Workplace Injury Rehabilitation and Compensation Act 2013
190Reduction of weekly payments after the first entitlement period
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190 Reduction of weekly payments after the first entitlement period
(1) Weekly payments must not be reduced under section 186(4)—
(a) unless the Authority or self-insurer has made a determination of the worker's entitlement under section 162; and
(b) until the Authority or self-insurer has given at least 14 days notice under section 189 of the decision following that determination.
(2) The notice is not invalid only because the date specified in the notice as the date on which the reduction is to take effect is not a date immediately after the expiry of the first entitlement period but has effect—
(a) on the date immediately after the completion of the first entitlement period; or
(b) if the date specified in the notice is a later date, the later date.
(3) Despite anything to the contrary in section 162, until notice is given to a worker and the date specified in the notice has expired, the worker is deemed to be entitled to weekly payments in respect of any period after the expiry of the first entitlement period under section 162(a) or (b) provided that the worker is, but for the expiry of 13 weeks, otherwise entitled to weekly payments.
(4) Subsections (1)(b), (2) and (3) do not apply if the claim for weekly payments is made within the period of 42 days before the expiry of the first entitlement period.
(5) If subsection (4) applies and weekly payments are commenced, the entitlement to weekly payments in respect of any period after the expiry of the first entitlement period must be determined in accordance with section 162.