Calculate a Centrelink preclusion period using Victorian periodic compensation
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Set out the Services Australia preclusion calculation and identify Victorian weekly payments that may move the start date. Do not settle the number of weeks or what counts as periodic compensation.
- What the lawyer must review
- Confirm what counts as periodic compensation and the income-test limit that day.
- Explain the period before the client accepts. Do not settle the week count.
- Keep compensation records in a firm-controlled tool. ASCR r 9 and APP 11 apply.
- Written for / version
- Victoria versionVICQLD
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Victoria: Centrelink compensation preclusion where TAC or WorkSafe periodic payments have been made
Produce. A worksheet with the start-date candidates, the lump-sum inputs, and a blank for the income-test limit.
Have ready. Lump sum components; Dates and amounts of weekly payments; Whether payments have stopped; Settlement date.
Example of the limit. Illustrative example: Weekly payments stopped on a stated day and a lump sum is proposed. The tool sets the start candidate as the day after those payments stopped, halves the lump sum, and leaves the income-test limit blank. The lawyer confirms the limit and explains the period before the client accepts.
Stop and hand it back when
- The income-test limit for the settlement day is not confirmed.
- It is unclear whether a payment is periodic compensation.
- The worksheet would be given to the client as the concluded period.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Set out the Services Australia preclusion calculation and identify Victorian weekly payments that may move the start date. Do not settle the number of weeks or what counts as periodic compensation. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- The Services Australia page says the period usually starts on the date of injury, or the day after periodic payments such as weekly workers compensation stopped.
- Weeks are 50 per cent of the lump sum divided by the single-rate pension income-test limit at the settlement date. The page does not state that dollar limit. Leave it blank for the lawyer to take from the limit on the day.
- A contested court or tribunal award uses the amount awarded for loss of earnings. More than one lump sum for the same injury is added if one or more has a loss of earnings.
- Victorian periodic compensation that can move the start date includes WorkSafe weekly payments and TAC fortnightly loss-of-earnings payments. The lawyer decides what counts. Do not treat a medical expense payment as periodic compensation unless the lawyer says it counts.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Centrelink compensation preclusion period: figures to collect before settlement | Checklist | AI use Yellow | Worksheet for a Centrelink compensation preclusion period, using the Services Australia pages on how the period is calculated. |
| Deed of release for a personal injury damages claim | Deed | AI use Yellow | Deed of release for a personal injury damages claim in Victoria, Queensland or New South Wales, conditional on sanction or approval where the claimant cannot give a binding release. |
| Settlement advice letter before a personal injury release is signed | Letter | AI use Yellow | Letter to the injured person before a personal injury settlement is signed, with blanks for the lawyer's view on liability, the ranges, the recommendation, and the costs figures required before settlement. |
| Settlement distribution statement for a personal injury claim | Checklist | AI use Yellow | Statement the client receives showing the gross personal injury settlement, the costs, the disbursements and the statutory amounts the lawyer has sourced, and the resulting net sum. |
| Client checklist after a personal injury settlement | Checklist | AI use Yellow | What a client does after a personal injury settlement is signed: Medicare, Centrelink, the NDIS, tax, and money held for a child. |
| Services Australia information request: which official form to use | Checklist | AI use Yellow | A file checklist for asking Services Australia for Medicare claims history, a notice of past benefits, or Centrelink information. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Services Australia: How we calculate preclusion periods · 2026-10-23
- WorkSafe Victoria: Weekly payments information · 2026-10-23
- TAC: Loss of earnings benefits · 2026-10-23
Classifying the Victorian payments is done on each matter, so the lawyer checks every calculation. The national arithmetic does not decide the Victorian classification.
Keep health, wage and scheme records in a firm-controlled tool. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth).