Section Sch1-41 — Injury Prevention, Rehabilitation, and Compensation Act 2001: Calculations for multiple employment situations

41 Calculations for multiple employment situations (1) Claimants to whom clause 38 applies, and to whom clauses 33 and 34 apply because they have earnings as an employee at the time their incapacity commences, may— (a) have their weekly earnings calculated under clause 38 with the inclusion of their earnings as an employee; or (b) have their weekly earnings calculated under clause 38 excluding their earnings as an employee, but may also have their employee earnings calculated under clauses 33 and 34 and aggregated under subclause (5) . (2) If a claimant's weekly earnings are calculated in accordance with subclause (1)(a) , the same earnings cannot be used as earnings as an employee for the purposes of any other calculation of an amount of weekly earnings. (3) Claimants to whom clause 39 applies, and to whom clauses 33 and 34 apply because they have earnings as an employee at the time their incapacity commences, may— (a) have their weekly earnings calculated under clause 39 with the inclusion of their earnings as an employee; or (b) have their weekly earnings calculated under clause 39 excluding their earnings as an employee, but may also have their employee earnings calculated under clauses 33 and 34 and aggregated under subclause (5) . (4) If a claimant's weekly earnings are calculated in accordance with subclause (3)(a) , the same earnings cannot be used as earnings as an employee for the purposes of any other calculation of an amount of weekly earnings. (5) If a claimant is not prohibited from doing so by subclause (2) or subclause (4) , and would have more than 1 amount of weekly earnings from different employment situations because of the operation of clause 34 or clause 38 or clause 39 , the claimant's weekly earnings are to be calculated by doing the relevant calculations under those clauses separately and then aggregating the results. (6) However, a claimant's weekly earnings calculated under clause 34 must not be aggregated with the claimant's weekly earnings under clause 39 if the claimant's weekly earnings under clause 39 are his or her earnings under clause 34 . Clause 41 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. Schedule 1 clause 41(1): amended, on 1 August 2008, by section 33(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46). Schedule 1 clause 41(1)(b): amended, on 1 August 2008, by section 33(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46). Schedule 1 clause 41(3): amended, on 1 August 2008, by section 33(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46). Schedule 1 clause 41(3)(b): amended, on 1 August 2008, by section 33(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46). Schedule 1 clause 41(5): amended, on 1 August 2008, by section 33(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46). Schedule 1 clause 41(6): amended, on 1 August 2008, by section 33(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).