Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies to a former employee who:
(a) on the commencing day, was under 65; and
(b) is capable of engaging in any work.
(2) Where a person to whom this section applies was in receipt of a pension under a superannuation scheme on the commencing day, then, subject to this Division, the amount of compensation payable per week to the former employee is:
(a) the amount of compensation per week that would have been payable under section 131 if that section had applied to the former employee, less an amount that is the greater of the following amounts:
(i) the amount per week (if any) that the employee is able to earn in suitable employment;
(ii) the amount per week (if any) that the employee earns from any employment (including self - employment) that is undertaken by the employee during that week; or
(b) the amount of compensation per week that would have been payable under section 20 if that section had applied to the former employee;
whichever is greater.
(3) Where a person to whom this section applies was not in receipt of a pension under a superannuation scheme on the commencing day, then, subject to this Division, the amount of compensation payable per week to the former employee is:
(a) the amount of compensation per week that would have been payable under section 132 if that section had applied to the former employee, less an amount that is the greater of the following amounts:
(i) the amount per week (if any) that the employee is able to earn in suitable employment;
(ii) the amount per week (if any) that the employee earns from any employment (including self - employment) that is undertaken by the employee during that week; or
(b) the amount of compensation per week that would have been payable under section 19 if that section had applied to the former employee, less an amount equal to 5% of his or her normal weekly earnings;
whichever is greater.
(4) In determining, for the purposes of this section, the amount per week a former employee is able to earn in suitable employment, the MRCC must have regard to the factors mentioned in paragraphs 19(4)(a), (b), (c), (d), (e), (f) and (g) as if those paragraphs referred to the former employee.