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Injury benefit.
[1993 s53(1)]
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74.—(1) Subject to this Act, an insured person who suffers personal injury caused on or after 1 May 1967 by accident arising out of and in the course of his or her employment, being insurable (occupational injuries) employment, shall be entitled to injury benefit in respect of any day on which, as the result of the injury, the person is incapable of work during the injury benefit period.
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| [1993 s53(1)] |
(2) An insured person shall not be entitled to injury benefit in respect of the first 3 days on which, as a result of the injury, he or she is incapable of work.
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| [1993 s53(2)] |
(3) For the purposes of this section, a day shall not be treated in relation to an insured person as a day of incapacity for work where, in respect of that day, the insured person is being paid by his or her employer in respect of holiday leave.
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| [1993 s53(3)] |
(4) In determining whether the insured person is incapable of work on the day of the accident, any part of that day before the happening of the accident shall be disregarded.
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| [1993 s53(4)] |
(5) Subject to this Part, injury benefit shall be an allowance payable at the weekly rate set out in column (2) of Part 1 of Schedule 2.
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| [1993 s53(5); 2001 s37 & Sch F] |
(6) The amount payable by way of injury benefit for any day of incapacity shall be one-sixth of the appropriate weekly rate, subject to the total amount being paid at any time by virtue of this subsection being rounded up to the nearest 10 cent where it is a multiple of 5 cent but not also a multiple of 10 cent and being rounded to the nearest 10 cent where it is not a multiple of 5 cent or 10 cent.
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| [1993 s53(6)] |
(7) A person under the age of 16 years shall not be entitled to injury benefit except in so far as may be provided by regulations.
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