Interim NSW CTP weekly payments while PAWE is unresolved

Interim weekly payments are not a final PAWE decision. Section 3.6(5) of the Motor Accident Injuries Act recognises interim payments where more information is needed to determine the correct amount, and the current Motor Accident Guidelines set the interim rate at 12.5% of the maximum weekly statutory benefits amount unless the claimant nominates a lower amount.

Once the correct weekly amount is determined, the Guidelines deal with underpayment and overpayment consequences. That is why the practical task is to get the worksheet, identify the missing earnings records, and ask whether any separate decision has been made about capacity, treatment, threshold injury or fault.

An insurer may start weekly payments on an interim basis because it says it does not yet have enough material to calculate final PAWE. Interim payments should not be treated as a substitute for a reasoned PAWE decision or a clear request for the missing records.

If PAWE remains unresolved, ask the insurer to identify the exact document gap and whether it is making any separate decision about work capacity, certificates, post-accident earnings or statutory cessation.

The first entitlement period under the Motor Accident Injuries Act runs for the first 13 weeks after the accident. The Act also recognises that interim payments may be needed where further information is required to determine the correct weekly amount.

The practical priority is to move from an interim amount to a clear PAWE determination with reasons, a worksheet and a list of any documents still said to be missing.

If the insurer letter talks about PAWE and also mentions work capacity, treatment approval, an IME report, threshold injury or WPI, treat those as separate decisions until the letter clearly says otherwise. A PAWE calculation dispute is about earnings evidence; a capacity or treatment dispute usually needs medical and functional evidence as well.

Make a short issue table with one row for PAWE, one row for any weekly-payment stop or reduction, and one row for any insurer IME or medical opinion. This helps an internal reviewer or the Personal Injury Commission see exactly which evidence answers each issue.

Interim PAWE correspondence can easily become unclear if every weekly-payment issue is answered in one paragraph. Use five headings and attach the evidence that belongs to each one.

A final PAWE amount can affect arrears or the weekly baseline, but it does not automatically prove work incapacity, override post-accident earnings or avoid a statutory cessation rule.

To help finalise PAWE, provide a clean earnings bundle grouped by worker type, date range and the point each document proves.

Submit documents in one tabbed pack where possible and keep proof of submission dates. If the insurer is also making a work-capacity decision, attach certificates and treating evidence under a separate heading.

Ask for the current PAWE figure, the calculation period used, the income items included or excluded, the documents still said to be missing, and whether the letter is a reviewable decision. Keep the request narrow so the insurer has to answer the earnings calculation rather than treating it as a general claim update.

A useful request can say: “Please provide the PAWE worksheet, written reasons for any excluded overtime, allowances, second employment or business income, and the review pathway if you are relying on this amount to keep weekly payments interim, reduced or stopped.”

If the same letter also discusses capacity, treatment, an IME, threshold injury or WPI, make a second heading for that medical issue and link it to the separate evidence. Do not let the earnings calculation and medical dispute become one unclear complaint.

If you already provided what was requested, chase the insurer in writing and ask for:

1. a formal PAWE determination date,
2. the exact calculation methodology used, and
3. any remaining document gaps (if they still allege gaps).

If the issue remains unresolved after a clear written request, check the review pathway in the notice and consider internal review or the relevant PIC pathway.

If payments are cut or stopped before any clear PAWE decision is issued, move fast and keep the issues separated.

• Day 1: Request the exact decision relied on, legal basis, and PAWE worksheet/calculation notes in writing.
• Days 1–2: Send a short issue map splitting (a) interim-payment conduct and (b) PAWE-calculation dispute.
• Days 2–4: Lodge a rights-preserving internal review with your core earnings bundle, even if some records are still pending.
• Days 4–7: File supplementary evidence with a dated addendum table so the insurer/PIC can track exactly what changed and why.

This structure keeps the PAWE issue clear while preserving any separate deadline or evidence issue raised in the same letter.

Warning: this example is simplified. It is not a calculator, not legal advice and not a promise about arrears, continuation of weekly payments or any damages entitlement. Individual circumstances, statutory caps, accident date, post-accident earnings, medical capacity, fault, threshold injury and cessation rules can change the result.

Example: a claimant receives an interim weekly amount because the insurer says PAWE cannot yet be finalised. The claimant later provides payslips and rosters supporting a PAWE figure of $1,100. If the insurer worksheet had used $900 because recurring weekend loading was missing, the PAWE issue is whether the loading is properly supported by the pre-accident records.

That does not answer every weekly-payment issue. If the same letter says the claimant can return to suitable duties earning $500 per week, the capacity and post-accident earning issues need certificates, treating evidence, job-duty material and current wage records. The PAWE correction may affect the baseline, but it does not automatically prove ongoing incapacity or avoid a statutory stop rule.

Before lodging an internal review or PIC step, prepare a short table that matches each disputed PAWE component to evidence: base wages, overtime, allowances, second employment, casual loading, business income or recent employment changes. This keeps the dispute focused on the calculation instead of a broad complaint about payment delay.

Do not guess the final amount if records are incomplete. State what the records show, identify what is still missing, and ask the insurer to explain any excluded item in writing.

Consider issue-specific help if payments remain interim after repeated document requests, are reduced without a clear worksheet, or the letter mixes PAWE with capacity or treatment reasons. The first task is to identify the exact decision and evidence gap, not to assume a final weekly-payment outcome.

For a legal-help framing, compare this page with the CTP claim lawyers NSW guide. A useful enquiry should bring the PAWE worksheet, wage records, Certificates of Fitness, employer correspondence and decision date, then ask which review pathway applies. It should avoid promises about insurer acceptance, weekly-payment continuation, arrears, treatment approval, WPI or settlement value.

• Request the insurer’s PAWE worksheet and written reasons.
• Cross-check potentially missing items such as overtime, allowances, variable shifts or multiple employers.
• Diarise review deadlines immediately.
• If unresolved, file the dispute quickly with supporting earnings evidence.