AAW Certificate

Issued under section 7.13(4) of the Motor Accident Injuries Act 2017

Merit reviewer's determination

This determination relates to a merit review matter, which is a reviewable decision under Schedule

2(1)(a) of the Motor Accident Injuries Act 2017 (“the Act”), about the amount of AAW’s PAWE for the purpose of calculating his entitlement to weekly payments.

My determination of the Merit Review is as follows:

• The reviewable decision is set aside and the decision is remitted to the Insurer for reconsideration in accordance with these directions:
  • The Insurer is to determine AAW’s PAWE in accordance with clause 4(1) of Schedule 1 of the Act.
  • The Insurer is to obtain information regarding AAW’s actual costs of business in self-employment and is to deduct these from his self-employment earnings before calculating his PAWE.
  • The Insurer is to calculate AAW’s PAWE as follows:

(Earnings from employment and self-employment in the 12 months immediately before the day on which the motor accident occurred ÷ 365) x 7

• The Insurer is to calculate the amount of AAW’s weekly statutory benefits in accordance with the value of the PAWE calculated in accordance with the method set out above.
• Effective Date: This determination takes effect from 8 May 2018. The calculation of AAW’s correct PAWE is to occur no later than 7 days after the date of this decision.

A brief statement of my reasons for this determination are attached to this certificate.

Rachel Brittliff

Merit Reviewer, Dispute Resolution Services