Section Sch1-38A — Injury Prevention, Rehabilitation, and Compensation Act 2001: Weekly earnings if self-employed claimant had earnings as a shareholder-employee in the relevant year

38A Weekly earnings if self-employed claimant had earnings as a shareholder-employee in the relevant year (1) This clause applies if the claimant— (a) had earnings as a self-employed person immediately before the commencement of his or her incapacity; and (b) did not have earnings as a self-employed person in the relevant year; and (c) did have earnings as a shareholder-employee in the relevant year; and (d) had been employed continuously even though the claimant changed from receiving earnings as a shareholder-employee to receiving earnings as a self-employed person. (2) The claimant's weekly earnings must be calculated under clause 38(2) using the claimant's earnings as a shareholder-employee as if they were the claimant's earnings as a self-employed person in the relevant year. Clause 38A was inserted, as from 1 July 2005, by section 60(1) Injury Prevention, Rehabilitation, and Compensation Amendment Act (No 2) 2005 (2005 No 45). See section 60(2) of that Act as to this amendment applying only to claims for weekly compensation that are made on or after 1 July 2005.