Table 5.8: Incapacity benefits settlements

 Coverage
NSWYes, some restrictions. Refer Part 3  Division 9 Workers Compensation Act 1987
Vic Yes, some restrictions —  Division 9 of Part 5 Workplace Injury Rehabilitation and Compensation Act 2013
QldYes, as calculated under s174 of Workers’ Compensation and Rehabilitation Act 2003
WA Yes, some restrictions —  s67 Workers’ Compensation and Injury Management Act 1981
SAYes, some restrictions —  s53 Return to Work Act 2014
Tas Yes, some restrictions —  s132A Workers Rehabilitation and Compensation Act 1988
NT

Yes, some restrictions —  s78A Return to Work Act 1986

Preclusion of settlement of amounts payable to a person who has suffered a catastrophic injury –  s78A(1A) 

ACT 

Yes under  s137 of Workers Compensation Act 1951. Settlement may include pay out of one or more of the following:

  • weekly incapacity benefits
  • lump sum compensation for permanent injuries
  • medical treatment, damage and other costs under pt 4.5 of the Act, or
  • any other amount —  s137(2) 

A payout of weekly compensation may not be assigned, charged or attached, pass to anyone else by operation of the law or have a claim offset against it —  s138 

C’wealth ComcareYes, some restrictions —  s30 and  s137   of the Safety, Rehabilitation and Compensation Act 1988
C’wealth Seacare Yes, some restrictions —  s44 Seafarers Rehabilitation and Compensation Act 1992
C’wealth DVA

Military Rehabilitation and Compensation Act 2004 (MRCA) — Yes, some restrictions —  s138 

Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) — Yes, some restrictions —  s30 

New Zealand 

From 1 April 2002, the spouse of person killed can apply to have weekly compensation commuted.

The independence allowance can be capitalised for periods of 5 years.

Cover and other entitlements cannot be commuted or settled.