Victorian Current Acts

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ACCIDENT COMPENSATION ACT 1985 - SECT 92C

Payment of weekly pensions

S. 92C(1) amended by No. 81/1998 s. 23(a).

    (1)     A weekly pension under section 92B must be paid by fortnightly, monthly, quarterly or annual instalments in accordance with this section, as the Authority, employer or self-insurer determines.

    (2)     The first payment of amounts due as weekly pension must be made within 14 days after the amount is determined and subsequent amounts are payable—

        (a)     on the 1st and 15th days of each month; or

        (b)     on the 1st day of each month; or

        (c)     on 1 January, 1 April, 1 July and 1 September in each year; or

        (d)     on 1 July in each year—

as the case requires, and must be paid within 7 days.

S. 92C(3) substituted by No. 27/2001 s. 4(Sch.  2 item 1.6).

    (3)     A weekly pension to which a child under the age of 18 is entitled is payable to—

        (a)     the parent of the child who has custody of the child; or

        (b)     if there is no such person, the child's guardian; or

        (c)     if there is no person referred to in paragraph (a) or (b), the person who has day to day care and control of the child and with whom the child is ordinarily resident.

    (4)     A payment of a weekly pension may be made by post by properly addressing, prepaying and posting to the person entitled to the weekly pension a letter containing a cheque for the amount.

    (5)     A payment of a weekly pension in accordance with subsection (4) is deemed to have been made when the letter was posted.

    (6)     The liability to the person entitled to a weekly pension is not satisfied until the person receives the amount.

S. 92C(7) amended by No. 81/1998 s. 23(a).

    (7)     If the Authority, employer or self-insurer fails to make a payment before the end of the period within which it is required by this section to be paid, the Authority, employer or self-insurer must make the payment together with interest calculated at the prescribed rate in respect of the period beginning when the payment was first payable and ending on the day before the payment was made.

S. 92D inserted by No. 9/2010 s. 71.



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