Section Sch1-45 — Injury Prevention, Rehabilitation, and Compensation Act 2001: Interim estimation of weekly earnings that cannot be ascertained

45 Interim estimation of weekly earnings that cannot be ascertained (1) This clause applies to a claimant who, immediately before his or her incapacity commenced,— (a) had earnings as a self-employed person; or (b) had earnings as a shareholder-employee. (2) This clause applies while the Corporation cannot readily ascertain the claimant's actual weekly earnings. (3) For the purposes of clauses 38 to 40 , in order to calculate the claimant's weekly earnings under this Part, the Corporation may estimate an amount that represents reasonable remuneration for the claimant until the earlier of— (a) the income tax return for the relevant year is available; or (b) 3 months have passed after the incapacity commenced. (4) If the claimant's income tax return for the relevant year remains unavailable at the end of the 3-month period in subclause (3)(b) , the Corporation can pay weekly compensation only as an advance under section 131 . (5) In doing an estimate under subclause (3) , the Corporation must have regard to— (a) the evidence available of the claimant's earnings; and (b) the nature of the claimant's employment immediately before his or her incapacity commenced; and (c) any employment, whatever its nature, that the claimant has while suffering the incapacity. (6) If the Corporation— (a) applies subclause (3) ; and (b) pays weekly compensation; and (c) subsequently finds that the weekly compensation it paid is greater than that it would have paid if the claimant's income tax return for the relevant year had been available,— the Corporation may recover the difference, either as a debt due to it or by deducting it from any entitlement otherwise payable to the claimant (whether or not in respect of the same personal injury). Compare: 1998 No 114 Schedule 1 cl 20 Schedule 1 clause 45(3): amended, on 1 August 2008, by section 33(1) of the Injury Prevention, Rehabilitation, and Compensation Amendment Act 2008 (2008 No 46).