Document ID: chunk:federal_register_of_legislation:F2016L00652:reg:29:p3
Version: federal_register_of_legislation:F2016L00652
Segment Type: reg
Provision Reference: reg 29 (pt 3/5)
Character Range: 64876–67457

or
 (b) if the covered person is employed for 25% or less of his or her normal weekly hours during that week—80%; or
 (c) if the covered person is employed for more than 25% but not more than 50% of his or her normal weekly hours during that week—85%; or
 (d) if the covered person is employed for more than 50% but not more than 75% of his or her normal weekly hours during that week—90%; or
 (e) if the covered person is employed for more than 75% but less than 100% of his or her normal weekly hours during that week—95%; or
 (f) if the covered person is employed for 100% of his or her normal weekly hours during that week—100%.
AE applies in relation to the whole of that particular week and has the same meaning as in subsection (2).
NWE is the amount of the covered person's normal weekly earnings.
 (9) If, as a result of the incapacity:
 (a) the amount per week payable to the covered person in respect of his or her continued employment is reduced; and
 (b) a pension under a superannuation scheme is payable to the covered person;
subsection (8) applies in relation to the covered person in relation to a week during which the covered person is incapacitated as if the references in the subsection to the amount he or she was able to earn during the week in suitable employment were instead references to the sum of that amount and any amount of the pension referred to in paragraph (b) that is payable to the covered person in respect of that week.
 (10) In determining, for the purposes of this section, the amount per week that a covered person is able to earn in suitable employment, Comcare must have regard to the following:
 (a) if the covered person is in employment (including self‑employment)—the amount per week that the covered person is earning in that employment;
 (b) if, after becoming incapacitated for work, the covered person received an offer of suitable employment and failed to accept that offer—the amount per week that the covered person would be earning in that employment if he or she were engaged in that employment;
 (c) if, after becoming incapacitated for work, the covered person received an offer of suitable employment and, having accepted that offer, failed to engage, or to continue to engage, in that employment—the amount per week that the covered person would be earning in that employment if he or she were engaged in that employment;
 (d) if, after becoming incapacitated for work, the covered person received an offer of suitable employment on condition that the covered person completed a reasonable rehabilitation or vocational