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KRandall(Newbie)Newbie
29 Nov 2024

My husband injured himself at work and has been on works comp payments since June this year. He returned back to work on light duties in September and has slowly been increasing his hours but is still being paid via workers compensation.


As he has returned to work should he be getting paid super guarantee? I’m aware that while he was off work he was not entitled to super, but I have read a few things saying he may be entitled to super once he returns to work. He is a heavy diesel mechanic/fitter.


Thank you

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573 views
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TobyJDodd(Devotee)Registered Tax Professional
30 Nov 2024

Hi @KRandall


If a worker has a partial capacity to work, and is being paid by the employer for these hours, these will be considered as ordinary time earnings and accordingly, super will be payable on this amount


You aren’t entitled to receive the super guarantee for any top up payments being made to you by the workers compensation insurer.


Toby





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Most helpful reply

TobyJDodd(Devotee)Registered Tax Professional
30 Nov 2024

Hi @KRandall


If a worker has a partial capacity to work, and is being paid by the employer for these hours, these will be considered as ordinary time earnings and accordingly, super will be payable on this amount


You aren’t entitled to receive the super guarantee for any top up payments being made to you by the workers compensation insurer.


Toby





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