The compensation estimator assists customers and their legal advisers to estimate the impact of a pending compensation claim.
The compensation estimator assists our customers and their legal advisers to estimate the impact of a pending compensation claim.
The estimator gives an estimate of the possible period of time for which you will not be allowed to get compensation-affected income support payments after settlement of a compensation claim for personal injury. This is called the preclusion period.
The estimator does not tell you how compensation payments will affect Family Child Benefit or Child Care Benefit. For more information about this, call us, on 136 150.
The estimator will also give an estimated charge amount that can be recovered from a compensation payment you get. This is an estimate and guide to the impact of a compensation payment. The actual amount of a charge will be decided when the claim has been settled.
All estimates assume:
- that at least part of the settlement amount is about lost earnings or lost capacity to earn (compensation part)
- that the date on which you calculate the estimate is the settlement date.
All estimates are given using 50 per cent of the lump sum as the compensation part.
Do not use this estimator for:
- lump sums awarded by a court or tribunal after a contested hearing
- a payment that is only for back payments that are paid periodically.
What you will need
To use the estimator, you will need the following information about the compensation claim:
- proposed gross lump sum settlement amount (including medical and legal costs and any payment for non-economic loss)
- lump-sum payment amounts that are paid in advance, or for the same incident
- the amount of periodic payments needed to be paid back from the gross lump-sum settlement
- the date of incident (injury) or the date after which periodic payments stopped, if they were paid.
The estimator is a basic guide to estimate preclusion periods and charge amounts. The Department of Human Services will work out your actual preclusion period and the charge amount following settlement. The results from this service are only an estimate and are not a guarantee of the length of a preclusion period or the amount of a charge. The estimate will be based on the information you provide. If any information is incorrect, the estimate will also be incorrect. For a variety of reasons, the estimate given by the estimator may not be accurate in particular cases.
For example, the estimator does not take into account whether you get:
- a Remote Area Allowance within the preclusion period
- a Language Literacy and Numeracy Supplement
- Approved Program of Work Supplement (e.g. Work for the Dole Supplement)
- Centrelink payments, or Centrelink payments begun before the final settlement date, which will be recovered if the preclusion period continues into the future.
Changes to policy, the law, and your circumstances and future events may mean that the preclusion period and charge amount actually calculated are not the same as the estimate. You should never rely on an estimate as a basis to enter obligations or incur expenses. If you use or apply an estimate, you are solely responsible for its use. An estimate does not affect your record in any way.
To tell us of a compensation payment amount you have or will get, or that your circumstances have changed, you should contact us.
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
- shall not be liable for any loss or damage whatsoever (including loss or damage caused by human, technical, or processing error or malfunction, or 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.