Income support

The Motor Accidents (Compensation) Act 1979 set out the detailed eligibility criteria for Loss of Earning Capacity benefits.

The loss of earning capacity benefit is income support paid each fortnight to eligible claimants when their capacity to earn an income has been reduced because of a motor vehicle accident. 

To be eligible for loss of earning capacity benefits, you must meet all of the following requirements

• have had an earning capacity prior to your accident;
• have had a reduction in your earning capacity resulting from your motor vehicle accident injuries;
• be over the age of 15 and under 67 (the pension age from 1 July 2023) at the date you were injured (if you were still employed after age 67 you may be entitled to benefits for up to 104 weeks); and
• live in Australia.

To help assess the right amount of loss of earning capacity benefits, TIO MAC may request evidence of your pre-accident earning capacity, such as Centrelink records, tax returns, pay slips or other evidence. 

In some situations, a benefit reduction or exclusion may apply, depending on the circumstances of the accident. 

 To receive loss of earning capacity benefits, a MAC medical certificate of work capacity must be completed by your doctor or medical specialist certifying your work capacity.   

All sections of the MAC medical certificate of work capacity need to be completed by your doctor including your accident-related injuries, stating whether you are fit or unfit to work and your working capacity. 

Please ask your doctor to give you a copy of the completed certificate so that you can provide this to your TIO case manager. 

During your recovery phase, you will need to provide a MAC medical certificate of work capacity periodically and whenever requested by your TIO MAC case manager.

To avoid your fortnightly payments being suspended, please provide a MAC medical certificate of work capacity whenever it is requested. 

To determine your loss of earning capacity benefits, TIO MAC will consider the number of hours per week, that you are medically assessed, as being capable of working, whether the work is available or not. 

The benefits are calculated on the total average weekly earnings for the Northern Territory as published by the Australian Statistician and not on your individual earnings at the time of the accident. 

If you are medically assessed as having lost all earning capacity because of your injuries, the maximum loss of earning capacity benefit payable is calculated as a percentage of the total average weekly earnings for the Northern Territory as published by the Australian Statistician and not on your individual earnings at the time of the accident.

Loss of earning capacity benefits are reviewed twice a year on 1 January and 1 July. See the amount of benefits table for current rates