What counts as current weekly earnings in a NSW CTP claim?

Start with gross employment income for each relevant week: ordinary wages, casual shifts, overtime actually worked, commissions or bonuses paid for post-accident work and income from another job. Use payslips and payroll reports rather than the net deposit in a bank account. A bank deposit can include reimbursements, leave, arrears or another person’s money and may not show the correct covered week.

For self-employment, do not treat all business receipts as the claimant’s personal weekly earnings. Turnover can continue because staff complete work, old invoices are paid or assets generate income. Prepare invoices, bank records, expenses, payroll, BAS and accountant material showing what work the claimant personally performed and what income from personal exertion remained after the accident.

Report a return to employment, a new job and any change in employment earnings immediately. Section 3.18 requires notice, and Guidelines clause 4.70 permits initial verbal notice but also requires written notice with supporting material such as payslips where relevant.

During the first 13 weeks, section 3.6 generally applies 95% to the difference between PAWE and the greater of post-accident earning capacity or post-accident earnings, subject to statutory limits. During weeks 14 to 78, section 3.7 uses different rates for total and partial loss. After week 78, section 3.8 compares pre-accident earning capacity with the greater of actual earnings or post-accident earning capacity and imposes additional requirements.

A transparent schedule should show the entitlement period, pre-accident figure, actual gross earnings, assessed capacity, statutory rate, any maximum or minimum and the effective date. If earnings vary, the insurer should explain the weekly treatment rather than relying on an unexplained single average.

Worked example: a claimant receives gross wages of $320 in one week, but the insurer assesses capacity to earn $550. The formula may use $550 because the Act refers to whichever post-accident figure is greater. That does not prove the $550 assessment is correct. The role, hours, restrictions and evidence supporting capacity can be reviewed separately.

Ask for the complete calculation and written decision. Identify whether the error concerns PAWE, actual post-accident earnings, earning capacity, the entitlement period, an effective date or a statutory limit. A broad statement that the weekly payment is too low does not reveal which evidence is needed.

Correct payroll errors with payslips, rosters and an employer explanation. Address earning capacity with Certificates of Fitness, treating reasoning, real job demands, work-trial evidence and vocational material. A capacity dispute is not fixed merely by supplying more payslips.

The amount of weekly statutory benefits is a merit review matter under Schedule 2 of the Act. Internal review may be required before a PIC merit review. Read the review information in the actual decision and act promptly because the applicable process and time can depend on the decision.