Irregular work and representative earnings
How is PAWE calculated for seasonal or intermittent work?
The insurer must select the correct Schedule 1 category before choosing an average
Seasonal or intermittent work is not calculated by simply selecting the highest weeks or dividing one recent pay period. The Motor Accident Injuries Act Schedule 1 contains a general PAWE rule and defined alternatives, including a category relevant to some people who earned during periods totalling at least 26 weeks in the first year of the two-year pre-accident period and had no earnings at other times. The exact category and evidence must be checked; not every casual or seasonal worker fits that provision.
Irregular earnings can reflect a genuine seasonal cycle, availability-based casual shifts, weather, school terms, project work or voluntary time away. Those patterns are not interchangeable. The legal calculation depends on the facts that place the earner within a statutory definition, not the label used by the employer.
A two-year earnings timeline can be useful even where the final calculation uses a shorter period. It shows whether a low or high month is normal, whether the claimant was obtaining earnings from another source and whether a recent change was intended to continue.
Reviewed by Herman Chan, Stephen Young Lawyers
What makes work seasonal or intermittent?
Seasonal work ordinarily follows a recurring period, such as harvest, tourism or holiday demand. Intermittent work may occur in projects or separated blocks. Casual work can be regular and continuous despite varying hours. The roster, contract, industry pattern and earnings history help distinguish them.
Do not assume that having some weeks with no shifts automatically triggers a special PAWE formula. The Schedule 1 wording, including the length and source of employment during the defined pre-accident period, must be applied to the complete history.
What evidence shows a representative pattern?
Prepare a month-by-month schedule for the two years before the accident showing each employment, gross earnings and periods with no earnings. Support it with payslips, rosters, tax records, contracts and, where relevant, evidence of recurring seasonal offers or previous cycles.
If the accident occurred just before an expected busy period, evidence of prior seasons, a signed engagement, booked shifts or an established customer pipeline may be relevant. A hopeful estimate without historical or contractual support is unlikely to carry the same weight.
How should bonuses, overtime and irregular amounts be treated?
Identify each payment and its basis. A recurring seasonal loading or ordinary overtime may form part of gross earnings received in the statutory period, while a reimbursement, one-off expense repayment or amount outside the period may require different treatment.
The purpose is not to smooth the record until it looks favourable. It is to apply the statutory definition to reliable gross earnings and explain unusual entries. Ask the insurer for the source schedule and divisor used so the result can be checked.
Practical next steps
Prepare an irregular-earnings chronology
Show the full pattern before arguing that a particular period is representative or unrepresentative.
Map two pre-accident years
Record every employment or business source, earning period and genuine no-earning period.
Identify the work pattern
Separate recurring seasonal cycles, project blocks, casual variability and recent employment changes.
Attach source records
Link each monthly or pay-period total to payslips, rosters, contracts, tax records or invoices.
Test the statutory category
Ask which Schedule 1 provision applies and why its factual conditions are satisfied.
Check the final arithmetic
Verify gross totals, period boundaries, divisor and treatment of unusual payments.
Evidence
Seasonal and intermittent work checklist
The strongest file shows both the long-term pattern and the exact statutory calculation period.
- Two-year earnings timeline by month and source.
- Payslips, rosters and timesheets for active periods.
- Contracts, recurring engagement records or booked shifts.
- Tax returns and income statements used to reconcile totals.
- Evidence explaining periods with no earnings.
- Records of seasonal loading, overtime, commission or bonuses.
- Any significant pre-accident change in role, rate or hours.
- Insurer calculation identifying the Schedule 1 category and divisor.
What not to assume
- The highest earning month is not automatically the correct weekly average.
- Casual employment is not necessarily intermittent employment for the statutory test.
- A gap in one job may not be a no-earnings period if another income source continued.
- Turnover is not the same as personal earnings for a self-employed claimant.
- A special category should not be applied without proving each factual condition in Schedule 1.
Timing
When to raise the pattern
Irregular work evidence should be provided before the insurer fixes the PAWE category and amount.
- Lodge the statutory benefits claim promptly even if the two-year record is still being assembled.
- Give the insurer a preliminary timeline and identify records still outstanding.
- Keep the final PAWE decision date and calculation because review time relates to the decision, not when the last tax return is found.
- If the accident was close to a new season or engagement, preserve booking and contract evidence immediately.
Frequently asked questions
- Is every casual worker treated as seasonal?
- No. Casual employment can be regular and continuous. The actual pattern and Schedule 1 conditions determine the category.
- Can the insurer average two years?
- The Act defines when the two-year pre-accident period matters and how particular categories are calculated. The insurer should identify the provision rather than use two years merely because earnings vary.
- What if I was about to start the busy season?
- Historical seasons, contracts and booked shifts may be relevant. A projected amount still needs a statutory basis and reliable evidence.
- Do weeks with no work get removed?
- Not automatically. Whether and how no-earning periods affect PAWE depends on the applicable statutory category.
- Can I use an industry average?
- An industry figure may provide context but does not replace the claimant-specific statutory earnings evidence unless the legislation permits that approach.
- What if the insurer calls my work intermittent but I worked every week?
- Provide rosters and pay records showing continuity, and ask the insurer to explain the statutory conditions it says are met.
Related NSW CTP guides
Official sources
- Motor Accident Injuries Act 2017 (NSW), current in-force version
- Motor Accident Injuries Regulation 2017 (NSW), current in-force version
- SIRA Motor Accident Guidelines, current published version
- SIRA Motor Accident Guidelines Part 4: claims
The legislation and official guidance linked above are the source basis for this page. PAWE and weekly-payment outcomes depend on the statutory category, complete earnings evidence, accident-related loss and the decision applying to the individual claim.
Irregular-earnings review
Has the insurer used a PAWE period that does not reflect your work pattern?
Send the two-year timeline, pay records and insurer calculation. We can identify the statutory category, period and evidentiary issue in dispute.
General information only: This page provides general NSW CTP information, not legal, financial, employment or tax advice. It does not calculate an individual entitlement, promise payment or extend a claim or review deadline.