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When is the deadline for incapacity - one year floor after the suspension ends?

The catalogue records a 1 year period from Day on which the suspension for incapacity ends, that is, the day the claimant ceases to be incapable of bringing the claim because of his or her physical, mental or psychological condition. This draft page remains free only until its source, worked example and limits are reviewed.

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Calculation basis and source

Period
1 year
Trigger
Day on which the suspension for incapacity ends, that is, the day the claimant ceases to be incapable of bringing the claim because of his or her physical, mental or psychological condition
Counting
The encoded calculator method must be independently documented before publication.
Rollovers and holidays
Holiday, closure and order treatment must be independently documented before publication.

This route remains in preparation until a pinpoint official source is recorded.

  • None; the extension is automatic and statutory, not discretionary.
  • CONDITIONAL. The one-year floor applies ONLY where less than one year of the limitation period remained when the suspension ended; otherwise the ordinary balance of the period runs. NOTE THE NARROW SCOPE: s 18(1) suspends only the discovery-based periods in ss 5(1)(a), 9(1)(b)(i), 11(a), 14(1)(a) and 14(2)(a). It does NOT suspend the fifteen-year longstop in s 5(1)(b) or any Part 3 special period.

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