---
title: "Set out how long Victorian loss-of-earnings benefits can continue"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/work-out-how-long-weekly-motor-accident-income-benefits-can-continue/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-MV20261023-13-VIC"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Set out how long Victorian loss-of-earnings benefits can continue

> List the 18-month maximum on the payable-for policy, and keep the eligibility page's week figures as tests of who was an earner before the accident. Do not enter those weeks as a cap on continuing payments.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/work-out-how-long-weekly-motor-accident-income-benefits-can-continue/victoria  
Last reviewed: 2026-10-25

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

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | List the 18-month maximum on the payable-for policy, and keep the eligibility page's week figures as tests of who was an earner before the accident. Do not enter those weeks as a cap on continuing payments. Leave the selecting facts for the lawyer. |
| What the lawyer must review | Use the payable-for policy for duration, not the earner tests Do not enter a week count the eligibility page does not state as a cap Leave the selecting facts for the lawyer Health and wage records stay in the firm tool. ASCR r 9 and APP 11 apply, and a breach may be notifiable. |
| Written for | Victoria |
| Applies to | [Work out how long weekly motor-accident income benefits can continue](https://ailawframework.com/practice/personal-injury-and-compensation/work-out-how-long-weekly-motor-accident-income-benefits-can-continue.md) |

## Checking plan

**Verify against sources**

Loss-of-earnings benefits run for a maximum of 18 months. The eligibility page uses weeks only to decide who was an earner. It does not state how long payments continue.

- What the AI does: List the 18-month maximum on the payable-for policy, and keep the eligibility page's week figures as tests of who was an earner before the accident. Do not enter those weeks as a cap on continuing payments. Leave the selecting facts for the lawyer.
- What the lawyer does: The lawyer makes the legal assessment, checks the source material and authorises the output for its intended use.
- 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. The payable-for policy states a maximum of 18 months from the accident or from when the injury first manifested, where certificates support the incapacity. A person who still has a loss of earning capacity after 18 months may receive loss-of-earning-capacity benefits if the ordinary criteria are met.
2. The eligibility page uses the earner tests only to describe who was an earner: employment at any time during the 8 weeks immediately before the accident, or at least 13 weeks in the year before it, or at least 26 weeks in the two years before it. Do not enter those figures as a cap on continuing payments.
3. When pecuniary-loss damages are received, the common-law policy says ongoing loss-of-earning-capacity benefits cease. It cites section 53(2) for certain no-fault benefits ceasing on settlement or an award.
4. A person receiving benefits can become ineligible if they no longer have a transport-accident incapacity for work. Certificates are still required. The lawyer decides whether the incapacity continues.

## Notes

- The 18-month maximum is on the payable-for policy. The eligibility page does not state a continuing-payment week count. The text of section 53 was not opened.

## Practical guide

Jurisdiction: Victoria. Loss-of-earnings benefits under the Transport Accident Commission policies.

**Deliverable**: A list of the duration the sources state, with the selecting facts left for the lawyer.

**Inputs**

- Accident date and any manifestation date
- Certificates of capacity
- Pre-accident work history
- Whether pecuniary-loss damages have been received

**Example**: Illustrative example: The list records a maximum of 18 months from the accident date on the payable-for policy. It does not turn the pre-accident earner tests into a cap on payments. The lawyer decides whether the certificates support the period.

**Stop and escalate when**

- The accident date or the certificates are missing.
- A continuing week count from another scheme has been entered.

Checked 2026-10-23.

## Sources

- [Transport Accident Commission: Who is eligible for loss of earnings benefits](https://www.tac.vic.gov.au/clients/how-we-can-help/treatments-and-services/policies/other/loss-of-earnings-benefits/who-is-eligible-to-receive-loss-of-earnings-loe-benefits) (checked 2026-10-23)
- [Transport Accident Commission: How long loss of earnings benefits are payable](https://www.tac.vic.gov.au/clients/how-we-can-help/treatments-and-services/policies/how-long-are-loss-of-earnings-loe-benefits-payable-for) (checked 2026-10-23)
- [Transport Accident Commission: Claims for common law damages](https://www.tac.vic.gov.au/clients/how-we-can-help/treatments-and-services/policies/other/lump-sum-damages-common-law) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [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.*