The establishment of these practises reflect long established interpretations of the 1942 and 1987 NSW Workers Compensation Acts. These payment practices appear to have been established over many years.
There are no changes to existing arrangements at this time.
We will contact those who may require an award adjustment after conducting a further detailed review.
We're working to identify and address these issues as quickly as possible.
The Frequently Asked Questions (FAQs) below provides you with additional information.
Why is icare reviewing payments to Dust Diseases Care participants?
icare has identified an issue with historical awards which is thought to have led to some payments being made which do not align with legislative intent.
We are carrying out a more detailed review to understand the impact.
Why were awards wrong for such a long time?
These practises may have been embedded due to the ambiguity and complexity in determining benefit entitlements under the Workers Compensation (Dust Diseases) Act 1942 and the Workers Compensation Act 1987 (NSW) as it was prior to 2012.
These practises date back many years. icare received legal advice clarifying this issue when preparing for an internal system change in 2020.
Does this issue affect everyone in the scheme?
No. This issue does not affect everyone in the scheme and Dust Diseases Care participants do not need to do anything. icare will contact those affected directly to discuss your situation after further reviews are completed.
How many Dust Diseases Care participants have been impacted?
icare has identified about 1400 files that may have been miscalculated, including 800 deceased estates.
How will icare fix this issue?
We have developed a proposed approach with PwC. An independent assurance was undertaken by Deloitte which has expertise in wage remediation matters and has deemed icare's approach as 'fair, timely and appropriate'.
We are currently in the process of confirming a provider who will complete the remediation program.
Will Dust Diseases Care participants continue to receive payments?
Do Dust Diseases Care participants need to do anything?
No. There are no changes to existing arrangements at this time. icare will contact those identified as impacted over the coming months to discuss any changes before they are made.
Our focus remains supporting participants with a dust disease and their families.
How far back will icare remediate?
We are working with an independent third party and receiving advice.
Will icare be asking for any overpayments to be paid back?
Will incorrect payment practises be fixed? If so, when?
We are taking action to remediate any incorrect award amounts. We are currently in the process of confirming a provider who will complete the remediation program. It is estimated remediation will be completed by December 2021.
Have any of the incorrect entitlements or rates been challenged?
While no participant has exercised their right to appeal their entitlements, icare will be establishing a remediation program.
Who will pay for the remediation?
icare Dust Diseases Care scheme will be paying for the remediation.
What happens to money owed to people who have passed away?
We will contact their estates to discuss their situation.
When will impacted participants be contacted?
icare will contact persons or estates impacted over the coming months.
- Who should I contact if I have questions?