---
title: "Map a policy offset to SIRA weekly payments and the first 13 weeks of statutory benefits"
url: "https://ailawframework.com/practice/insurance-law/map-policy-offset-clauses-against-statutory-weekly-payments-and-other-in/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A22-TP20261023-3-NSW"
practice_area: "Insurance Law"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Map a policy offset to SIRA weekly payments and the first 13 weeks of statutory benefits

> From the offset clause and the payment summaries the lawyer selects, list SIRA weekly payments and, separately, weekly statutory benefits under section 3.6 of the Motor Accident Injuries Act 2017 (NSW).…

Canonical page: https://ailawframework.com/practice/insurance-law/map-policy-offset-clauses-against-statutory-weekly-payments-and-other-in/new-south-wales  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Insurance Law](https://ailawframework.com/practice/insurance-law.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the offset clause and the payment summaries the lawyer selects, list SIRA weekly payments and, separately, weekly statutory benefits under section 3.6 of the Motor Accident Injuries Act 2017 (NSW). Apply the clause only to amounts the clause names. |
| What the lawyer must review | Read the offset clause from the schedule. Do not use a generic list. Keep workers compensation in a separate row from motor accident statutory benefits. Treat section 3.6 as the first 13 weeks only. Do not treat it as a later period. Check the 260-week and 130-week caps against the payment summaries. |
| Written for | New South Wales |
| Applies to | [Map policy offset clauses against statutory weekly payments and other income](https://ailawframework.com/practice/insurance-law/map-policy-offset-clauses-against-statutory-weekly-payments-and-other-in.md) |

## Checking plan

**Verify against sources**

The lawyer applies the policy offset clause only to the state payments the clause names, and checks every figure.

- What the AI does: From the offset clause and the payment summaries the lawyer selects, list SIRA weekly payments and, separately, weekly statutory benefits under section 3.6 of the Motor Accident Injuries Act 2017 (NSW). Apply the clause only to amounts the clause names.
- What the lawyer does: Read the offset clause and match each state payment to it. Do not deduct an amount the clause does not name.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. SIRA states that weekly payments are payable when a work injury causes a loss of earnings. Section 39 of the Workers Compensation Act 1987 caps weekly payments at an aggregate of 260 weeks for an injury other than a primary psychological injury, unless permanent impairment is more than 20 per cent. Section 39A stops weekly payments for a primary psychological injury after an aggregate of 130 weeks unless permanent impairment is at least 25 per cent. Section 39B is a further period for impairment of at least 21 per cent but less than 25 per cent. It is not a 130-week cap and it does not use a more-than-20-per-cent test.
2. If a certificate of capacity is not provided, the insurer may stop weekly payments within 7 days of advising that it is required. Payments may come from the employer or the insurer.
3. Section 3.6 gives an earner who is injured as a result of a motor accident, and who suffers a total or partial loss of earnings as a result of the injury, weekly payments of statutory benefits during the first entitlement period (the first 13 weeks). The rate is 95 per cent of the difference between pre-accident weekly earnings and post-accident earning capacity or post-accident earnings, whichever is the greater. A payment must not exceed the maximum weekly statutory benefits amount less that greater amount, and must not be less than the minimum weekly statutory benefits amount or pre-accident weekly earnings, whichever is the lesser.
4. Do not apply section 3.6 past the first 13 weeks. A payment the offset clause does not name is not deducted.

## Notes

- Workers compensation and motor accident statutory benefits are separate streams. Section 3.6 was read only for the first 13 weeks.
- Keep medical and wage records in the firm's tool. Rule 9 of the uniform solicitors' conduct rules and Australian Privacy Principle 11 apply. A loss likely to result in serious harm may be notifiable.

## Practical guide

Jurisdiction: SIRA weekly payments and statutory benefits under the Motor Accident Injuries Act 2017 (NSW)

**Deliverable**: An offset table with a separate row for each state payment stream, linked to the clause.

**Inputs**

- Policy offset clause from the schedule
- Payment summaries for each scheme
- The period each payment covers

**Example**: Illustrative example: The clause names workers compensation and weekly statutory benefits. The tool stops the motor accident row at 13 weeks and leaves later weeks blank. The lawyer does not fill those weeks from section 3.6.

**Stop and escalate when**

- Section 3.6 has been applied past 13 weeks.
- The offset clause has not been quoted from the schedule.

Checked 2026-10-23.

## Sources

- [SIRA: weekly payments](https://www.sira.nsw.gov.au/workers-compensation/what-you-can-claim/weekly-payments) (checked 2026-10-23)
- [Motor Accident Injuries Act 2017 (NSW) s 3.6](https://classic.austlii.edu.au/au/legis/nsw/consol_act/maia2017245/s3.6.html) (checked 2026-10-23)
- [Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 r 9](https://legislation.nsw.gov.au/view/html/inforce/current/sl-2015-0244#sec.9) (checked 2026-10-23)
- [Office of the Australian Information Commissioner: Australian Privacy Principles](https://www.oaic.gov.au/privacy/australian-privacy-principles/read-the-australian-privacy-principles) (checked 2026-10-23)
- [Office of the Australian Information Commissioner: notifiable data breaches](https://www.oaic.gov.au/privacy/notifiable-data-breaches) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [New South Wales pre-injury average weekly earnings worksheet](https://ailawframework.com/precedents/personal-injury-and-compensation/nsw-piawe-worksheet.md) | Other | Yellow | Worksheet for pre-injury average weekly earnings under Workers Compensation Act 1987 (NSW) Schedule 3, and the weekly rates in sections 36 and 37. The indexed maximum is not typed. |
| [Victoria pre-injury average weekly earnings worksheet](https://ailawframework.com/precedents/personal-injury-and-compensation/vic-piawe-worksheet.md) | Other | Yellow | Worksheet for pre-injury average weekly earnings under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) sections 153 to 158.… |
| [Queensland normal weekly earnings worksheet](https://ailawframework.com/precedents/personal-injury-and-compensation/qld-nwe-worksheet.md) | Other | Yellow | Worksheet for normal weekly earnings under Workers' Compensation and Rehabilitation Act 2003 (Qld) section 106, and the total-incapacity rates in sections 150 and 151.… |
| [New South Wales motor accident weekly statutory benefits worksheet](https://ailawframework.com/precedents/personal-injury-and-compensation/nsw-maia-weekly-benefits.md) | Other | Yellow | Worksheet for weekly statutory benefits under the Motor Accident Injuries Act 2017 (NSW) sections 3.6 to 3.12 and Schedule 1.… |

Signed-in accounts can read the full text of each one.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*