Compensation Preclusion Periods

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Where a person receives a lump sum compensation payment for a compensable injury that includes payment for loss of earning capacity, social security law enables application of a compensation preclusion period (CPP) – during which time specified social security income support payments are not payable, often for several years. CPPs can be waived in ‘special circumstances’ but as has been the case in so many contexts, COVID has served to highlight a long-standing need for policy reform. Our new report presents compelling case studies from our member centres which highlight COVID-related issues are not being taken into account in decision-making. And examination of Administrative Appeals Tribunal cases also indicates that COVID-related issues are not being considered by Tribunal members. The report argues that Departmental guidelines regarding application of the CPP waiver discretion are in urgent need of revision.

Read the full report Compensation preclusion periods and the impact of COVID-19

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