The estimator can help you and your legal advisers estimate the impact of a pending compenstion claim.
What it does
You can get an estimate of your preclusion period before the settlement of a compensation claim for personal injury. That’s the possible period of time you can’t get a compensation-affected income support payment.
You can also get an estimate of the charge amount that you can recover from a compensation payment. This is a guide only. You won’t know the actual charge amount until your claim settles.
All estimates assume that:
- at least part of the settlement amount is for your lost earnings or lost capacity to earn - the compensation part
- the date you calculate the estimate on is the settlement date.
All estimates use 50% of the lump sum as the compensation part.
Don't use this estimator for:
- lump sums awarded by a court or tribunal after a contested hearing
- a payment that's only for weekly periodic payments
What it doesn't do
The estimator doesn’t tell you how compensation payments will affect Family Tax Benefit or Child Care Benefit. For more information about this, call the Families Line.
How to use it
Before you start
- have the details of your compensation claim ready
- read the disclaimer
Information you need
To use the estimator, you'll need the following information about the compensation claim:
- proposed gross lump sum settlement amount including:
- legal costs, and
- any payment for non-economic loss
- lump sum payment amounts you've been paid in advance, or for the same incident
- the amount of periodic payments you need to pay back from the gross lump sum settlement, and
- the date of incident or injury, or
- the date after you stopped getting periodic payments.
The estimator is a basic guide to estimate preclusion periods and charge amounts. We'll work out your actual preclusion period and the charge amount following settlement. Results from this service are only an estimate. They aren't a guarantee of the length of a preclusion period or the amount of a charge. We'll base the estimate on the information you provide. If any information is incorrect, the estimate will also be incorrect.
The estimate given by the estimator may not be accurate in particular cases. For example, the estimator doesn't take into account if you get:
- a Remote Area Allowance within the preclusion period
- a Language Literacy and Numeracy Supplement
- Approved Program of Work Supplement - for example Work for the Dole Supplement
- Centrelink payments, or
- Centrelink payments begun before the final settlement date, which we'll recover if the preclusion period continues
The preclusion period and charge amount actually calculated aren’t the same as the estimate. This may be due to:
- changes to policy
- the law
- your circumstances, and
- future events
Don’t rely on an estimate. You’re responsible for how you use an estimate. An estimate doesn’t affect your record in any way.
Contact us to tell us of a compensation payment you have or will get, or if your circumstances have changed.
The Australian Government disclaims, to the extent permitted by law, any representations and warranties, expressed or implied, of any kind in respect of the estimator.
They aren’t liable for any loss or damage whatsoever including:
- loss or damage caused by human, technical, or processing error or malfunction
- negligence of any kind, or
- loss or damage that is incidental or consequential, arising out of or in connection with any use of, or reliance on, the estimator
Use the estimator
Read and follow the instructions within the estimator. It will ask you to fill in details about your compensation claim.