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Workers Compensation Regulation 2010
Repealed version for 30 June 2016 to 31 August 2016 (accessed 24 September 2017 at 20:15)
Part 18 Division 8
Division 8 Payment of premiums by instalments
Subdivision 1 Preliminary
166   Application of Division
(1)  Subdivisions 2 and 3 apply in relation to policies other than retro-paid loss premium policies.
(2)  Subdivisions 4 and 5 apply in relation to retro-paid loss premium policies.
167   Definition
In this Division, deposit premium, in relation to a retro-paid loss premium policy of insurance, means a premium for the policy calculated at the commencement of, or during, the period of insurance using the method for the calculation of a deposit premium set out in the relevant insurance premiums order that applies to that policy.
Subdivision 2 Payment in four instalments
168   Policies under which premiums may be paid in four instalments
(1)  An employer may elect to pay the premiums under a policy of insurance in four instalments (together with any required adjustment of premium) under this Subdivision if:
(a)  the period of insurance is 12 months, and
(b)  the basic tariff premium (within the meaning of the Workers Compensation Market Practice and Premiums Guidelines) for the employer’s policy of insurance at the time at which the insurer first demands a premium for the policy exceeds $1,000, and
(c)  the election is made within 1 month after the commencement of the period of insurance to which the premiums relate.
(2)  Payment of the required instalments deposit (that is, Instalment No 1) within 1 month after the commencement of the period of insurance constitutes an election to pay by instalments.
(3)  For the purposes of this Subdivision, the required instalments deposit is, subject to clause 169 (3), an amount equal to one-quarter of the estimated premium for the policy (as estimated for that payment).
169   Number, size and times for payment of instalments
(1)  If an employer elects to pay the premiums under a policy of insurance by instalments in accordance with this Subdivision and pays the required instalments deposit (that is, Instalment No 1) within 1 month after the commencement of the period of insurance, the premiums are payable in instalments as follows:
Instalment No 2
Payment to be made within 4 months after the commencement of the period of insurance. The amount of the instalment is to be the amount by which one half of the estimated premium for the policy (as estimated for that payment) exceeds the amount paid as the required instalments deposit.
Instalment No 3
Payment to be made within 7 months after the commencement of the period of insurance. The amount of the instalment is to be the amount by which three-quarters of the estimated premium for the policy (as estimated for that payment) exceeds the amounts already paid as instalments (including the required instalments deposit).
Instalment No 4
Payment to be made within 10 months after the commencement of the period of insurance. The amount of the instalment is to be the balance of the estimated premium for the policy (as estimated for that payment) taking into account the amounts already paid as instalments (including the required instalments deposit).
Adjustment of Premium
Payment to be made:
(a)  within 1 month after service on the employer of a notice that such an adjustment is due, or
(b)  within 3 months after service of the notice and in approximately equal monthly instalments as set out in the notice if:
(i)  the amount of the adjustment is more than $1,000, and
(ii)  the employer elects to pay the amount by monthly instalments, and
(iii)  the policy to which the notice relates was issued at or after 4 pm on 30 June 2014.
The amount of such an adjustment is the amount by which the actual premium payable for a policy exceeds the amounts already paid by way of instalments (including the required instalments deposit).
(2)  A notice in relation to an adjustment of premium as referred to in subclause (1) does not affect the service of a notice under section 172 (1) (c) of the 1987 Act.
(3)  If the estimated premium for the policy cannot be determined by the time the required instalments deposit is required to be paid, the amount of the required instalments deposit is to be:
(a)  one-quarter of the estimated premium for the employer for the previous period of insurance, or
(b)  if there was no such previous period of insurance—$300 or such greater amount as the employer and the insurer may agree.
(4)  Subclause (3) applies only if the estimated premium cannot be determined because the employer has not yet supplied the relevant notice under clause 147 (1) and the insurer cannot estimate the premium by reference to wages for the previous period of insurance in accordance with the relevant insurance premiums order or the Workers Compensation Market Practice and Premiums Guidelines.
Subdivision 3 Payment in twelve instalments
170   Policies under which premiums may be paid in twelve instalments
(1)  An employer may elect to pay the premiums under a policy of insurance in twelve instalments (together with any required adjustment of premium) under this Subdivision if:
(a)  the period of insurance is 12 months, and
(b)  the basic tariff premium (within the meaning of the Workers Compensation Market Practice and Premiums Guidelines) for the employer’s policy of insurance at the time at which the insurer first demands a premium for the policy exceeds $5,000, and
(c)  the election is made within 1 month after the commencement of the period of insurance to which the premiums relate.
(2)  Payment of the required instalments deposit (that is, Instalment No 1) within 1 month after the commencement of the period of insurance constitutes an election to pay by instalments.
(3)  For the purposes of this Subdivision, the required instalments deposit is, subject to clause 171 (3), an amount equal to one-twelfth of the estimated premium for the policy (as estimated for that payment).
171   Number, size and times for payment of instalments
(1)  If an employer elects to pay the premiums under a policy of insurance by instalments in accordance with this Subdivision and pays the required instalments deposit (that is, Instalment No 1) within 1 month after the commencement of the period of insurance, the premiums are payable in instalments as follows:
Instalment No 2
Payment to be made within 2 months after the commencement of the period of insurance. The amount of the instalment is to be the amount by which two-twelfths of the estimated premium for the policy (as estimated for that payment) exceeds the amount paid as the required instalments deposit.
Instalment No 3
Payment to be made within 3 months after the commencement of the period of insurance. The amount of the instalment is to be the amount by which three-twelfths of the estimated premium for the policy (as estimated for that payment) exceeds the amount paid as instalments (including the required instalments deposit).
Instalment Nos 4–11
Payment to be made within 1 month after the date on which the last instalment was due. The amount is to be calculated in the same manner as Instalment Nos 2 and 3 adjusted appropriately according to the number of the instalment to be paid.
Instalment No 12
Payment to be made within 12 months after the commencement of the period of insurance. The amount of the instalment is to be the balance of the estimated premium for the policy (as estimated for that payment) taking into account instalments already paid (including the required instalments deposit).
Adjustment of Premium
Payment to be made:
(a)  within 1 month after service on the employer of a notice that such an adjustment is due, or
(b)  within 3 months after service of the notice and in approximately equal monthly instalments as set out in the notice if:
(i)  the amount of the adjustment is more than $1,000, and
(ii)  the employer elects to pay the amount by monthly instalments, and
(iii)  the policy to which the notice relates was issued at or after 4 pm on 30 June 2014.
The amount of such an adjustment is the amount by which the actual premium payable for a policy exceeds the amounts already paid by way of instalments (including the required instalments deposit).
(2)  A notice in relation to an adjustment of premium as referred to in subclause (1) does not affect the service of a notice under section 172 (1) (c) of the 1987 Act.
(3)  If the estimated premium for the policy cannot be determined by the time the required instalments deposit (that is, Instalment No 1) or Instalment Nos 2, 3 or 4 are required to be paid, the amount of the required instalments deposit or other instalment is to be:
(a)  one-twelfth of the estimated premium for the employer for the previous period of insurance, or
(b)  if there was no such previous period of insurance—$500 or such greater amount as the employer and the insurer may agree.
(4)  Subclause (3) applies only if the estimated premium cannot be determined because the employer has not yet supplied the relevant notice under clause 162 (1) and the insurer cannot estimate the premium by reference to wages for the previous period of insurance in accordance with the relevant insurance premiums order or the Workers Compensation Market Practice and Premiums Guidelines.
Subdivision 4 Payment in four instalments—retro-paid loss premium policies
172   Policies under which premiums may be paid in four instalments
(1)  An employer may elect to pay the deposit premium under a retro-paid loss premium policy in four instalments (together with any required adjustments of premium) under this Subdivision if:
(a)  the period of insurance is 12 months, and
(b)  the election is made within 1 month after the commencement of the period of insurance to which the deposit premium relates.
(2)  Payment of the first instalment (that is, Instalment No 1) within 1 month after the commencement of the period of insurance constitutes an election to pay by instalments under this Subdivision.
(3)  For the purposes of this Subdivision, the first instalment is an amount equal to one-quarter of the deposit premium for the policy.
173   Number, size and times for payment of instalments
If an employer elects to pay a deposit premium by instalments in accordance with this Subdivision and pays the first instalment (that is, Instalment No 1) within 1 month after the commencement of the period of insurance, the remaining instalments are payable as follows:
Instalment No 2
Payment to be made within 4 months after the commencement of the period of insurance. The amount of the instalment is to be the amount by which one half of the deposit premium for the policy (as calculated for that payment) exceeds the amount paid as the first instalment.
Instalment No 3
Payment to be made within 7 months after the commencement of the period of insurance. The amount of the instalment is to be the amount by which three-quarters of the deposit premium for the policy (as calculated for that payment) exceeds the amounts already paid as instalments.
Instalment No 4
Payment to be made within 10 months after the commencement of the period of insurance. The amount of the instalment is to be the balance of the deposit premium for the policy (as calculated for that payment) taking into account the amounts already paid as instalments.
Note.
 Adjustments of the actual premium for a retro-paid loss premium policy are calculated at the relevant adjustment dates in accordance with the relevant insurance premiums order. Payment is to be made within 1 month after service on the employer of a notice that payment of such an adjustment is due: see section 172 (1) (c) of the 1987 Act.
Subdivision 5 Payment in twelve instalments—retro-paid loss premium policies
174   Policies under which premiums may be paid in twelve instalments
(1)  An employer may elect to pay the deposit premium under a retro-paid loss premium policy in twelve instalments (together with any required adjustment of premium) under this Subdivision if:
(a)  the period of insurance is 12 months, and
(b)  the election is made within 1 month after the commencement of the period of insurance to which the premium relates.
(2)  Payment of the first instalment (that is, Instalment No 1) within 1 month after the commencement of the period of insurance constitutes an election to pay by instalments.
(3)  For the purposes of this Subdivision, the first instalment is an amount equal to one-twelfth of the deposit premium for the policy.
175   Number, size and times for payment of instalments
If an employer elects to pay the deposit premium under a policy of insurance by instalments in accordance with this Subdivision and pays the first instalment (that is, Instalment No 1) within 1 month after the commencement of the period of insurance, the remaining instalments are payable as follows:
Instalment No 2
Payment to be made within 2 months after the commencement of the period of insurance. The amount of the instalment is to be the amount by which two-twelfths of the deposit premium for the policy (as calculated for that payment) exceeds the amount paid as the first instalment.
Instalment No 3
Payment to be made within 3 months after the commencement of the period of insurance. The amount of the instalment is to be the amount by which three-twelfths of the deposit premium for the policy (as calculated for that payment) exceeds the amount paid as instalments.
Instalment Nos 4–11
Payment to be made within 1 month after the date on which the last instalment was due. The amount is to be calculated in the same manner as Instalment Nos 2 and 3 adjusted appropriately according to the number of the instalment to be paid.
Instalment No 12
Payment to be made within 12 months after the commencement of the period of insurance. The amount of the instalment is to be the balance of the deposit premium for the policy (as calculated for that payment) taking into account instalments already paid.
Note.
 Adjustments of the actual premium for a retro-paid loss premium policy are calculated at the relevant adjustment dates in accordance with the relevant insurance premiums order. Payment is to be made within 1 month after service on the employer of a notice that payment of such an adjustment is due: see section 172 (1) (c) of the 1987 Act.