Section Sch1-40 — Injury Prevention, Rehabilitation, and Compensation Act 2001: Weekly earnings if claimant as shareholder-employee had earnings as self-employed person in relevant year

40 Weekly earnings if claimant as shareholder-employee had earnings as self-employed person in relevant year (1) This clause applies if the claimant— (a) had earnings as a shareholder-employee immediately before the commencement of his or her incapacity; and (b) did not have earnings as a shareholder-employee in the relevant year; and (c) did have earnings as a self-employed person in the relevant year; and (d) had been employed continuously even though the claimant changed from receiving earnings as a self-employed person to receiving earnings as a shareholder-employee. (2) The claimant's weekly earnings must be calculated under clause 39(2) using the claimant's earnings as a self-employed person as if they were earnings as a shareholder-employee in the relevant year. Subclause (2) was substituted, 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.