For more detailed information about income support, please see the policies tab.
What you need to do
If you haven't already, you will need to talk to the TAC about your eligibility for loss of earnings benefits. During this talk you will be asked to provide some information about your business. This may include:
- Business details, including:
- Business name
- Type of business
- Contact details of your accountant
- Details about your pre-accident weekly earnings
- Bank account details including:
- Bank, branch and account name
- BSB and account number
The TAC will send you a loss of earnings benefits summary which outlines the information you provided during the conversation. It will also ask for the documents we need to complete your loss of earnings assessment.
These documents may include:
- Business Activity Statements
- Individual income tax records
- Completed Tax File Number Declaration form
How the TAC calculates loss of earnings benefits for self-employed people
First the TAC calculates how much you were earning (less expenses) before your accident.
Secondly, the TAC applies a special formula which, in most cases, results in a TAC payment of 80% of your assessable income.
Working out your loss of income
The way the TAC works out your loss of income will depend on how your business is structured. Please read the section that applies to you.
If you operated as a sole trader or in a partnership
As a sole trader or partner, your income loss may be a result of lost earnings, or having to pay someone to do the work you would normally do.
The TAC will calculate your assessable income by looking at:
- Your past three years of taxable earnings*
- The costs you incurred to hire someone to replace you.
If your business has been operating for less than three years, we will look at the whole period the business has been operating.
Generally, you cannot claim both lost income and the cost of hiring someone.
* Exceptions may be made where there is a clear upward or downward trend prior to your accident.
If your business is set up as a company or a trust
If your business operates as a proprietary limited company and you receive a salary or wage, the TAC will calculate your weekly earnings based on your salary or wages before the accident. If your business operates as a trust and you receive wages or distributions, the TAC will pay loss of earnings benefits in some cases.
To find out if you are eligible for loss of earnings benefits call 1300 654 329.
Information the TAC will not include when assessing your claim
- Cash payments or income that was not declared with the Australian Taxation Office
- Income you received from interest
- Rental income
- Income from dividends
- Any other income you received through non-personal exertion
Working out your TAC rate
The following table is a guide to how the TAC works out your rate. The amounts listed below are based on weekly gross income.
If your income is below $665*, you will be paid the full amount of your income.
If 80% of your income falls below $665*, you will be paid $665.
If 80% of your income falls between $665* and $1,350, you will be paid 80% of your income.
If 80% of your income is greater than $1,350, you will be paid $1,350.
* $665 applies to you if you have no dependants. If you have one dependant, your rate is $853. For each additional dependant add $60. Dependants include anyone who is reliant on you for financial support.
The TAC can only pay you the dependant rate if it is less than 100% of your weekly income.
The dollar amounts listed are for the period 1 July 2018 to 30 June 2019. These amounts are indexed each financial year.
The TAC will deduct tax from your loss of earnings benefits. If you have a HELP debt, the TAC will also deduct the appropriate HELP payment. If you must pay family maintenance, the TAC may deduct an amount designated by the Child Support Agency
When you will be paid
The TAC pays loss of earnings benefits on a fortnightly basis into your nominated bank account.
The 2019 pay dates for eligible clients are below.
You will be sent a Pay As You Go (PAYG) summary at the end of the financial year to include in your tax return.
Certificate of capacity required
To make a loss of earnings payment the TAC must have a certificate of capacity from your doctor that states your capacity to work is affected because of your accident injuries. It must also state how long your capacity to work will be affected.
Please take note of the date that your certificate of capacity finishes. To ensure continuous payment of your loss of earnings benefits, please send the TAC any further certificates of capacity at least five working days before your current certificate runs out.
- Loss of earnings benefits
- Interim Loss of Earnings Payment
- Who is eligible to receive Loss of Earnings (LOE) benefits?
- Who is not eligible to receive Loss of Earnings (LOE) benefits?
- How are Loss of Earnings (LOE) benefits assessed?
- What other factors can affect your entitlement to loss of earnings benefits?
- How long are Loss of Earnings (LOE) benefits payable for?
Can I get my accountant to contact the TAC?
The TAC encourages your accountant to speak with us to move things along. You need to give the TAC permission to work with your accountant if you did not sign a TAC claim form at a hospital. To do this, please complete and send us the Authority to Release Information form you received with the Claim Acceptance pack. The Authority to Release Information form can also be downloaded on our website.
I have taken out a personal accident policy in the event I am unable to work. Am I still entitled to claim income benefits from the TAC?
You are entitled to receive income support from the TAC, regardless of the terms of your personal accident policy. You should however check with your insurer or broker, as exclusions may exist in that policy.
My business involves a partnership and as a result of my accident, the business has ceased operation. How will my income be assessed?
Your income is determined on the basis of your financial record/taxation return and physical contribution to the business. The TAC determines the percentage of contribution. In some cases the TAC may pay for the cost of hiring someone to carry out the work you cannot do.
What should I do if this year's tax return has not been lodged?
Depending on the period of your self-employment, income evidence is required for the most recent financial year. In cases where this is not possible, the previous financial year is usually sufficient.
How do I prove my income if my business has just started operating?
If your business has only been in operation for the current financial year, a profit and loss statement prepared by your accountant for the current trading year would assist.
Do I get back pay if I submit my claim form or provide requested information late?
The TAC can back pay income support as long as you make your claim within 12 months of the date of your accident and you are entitled to receive income support. You will also need to supply the TAC with certificates of capacity supporting your inability to return to work because of your accident. To claim income support or other support services, you need to telephone the TAC on 1300 654 329. A trained TAC staff member will then explain what entitlements you may have and gather the information needed to commence the claim process.