This determination specifies the circumstances in which a person is permanently incapacitated for work for eligibility for an invalidity service pension.
The REPATRIATION COMMISSION makes this Determination under subsection 37AA(1) of the Veterans’ Entitlements Act 1986.
This Determination is the Veterans’ Entitlements (Invalidity Service Pension — Permanent Incapacity for Work) Determination 2013.
This Determination commences on 1 July 2013.
The Veterans’ Entitlements (Invalidity Service Pension — Permanent Incapacity for Work) Determination 1999 is revoked.
A veteran who immediately before the commencement of this Determination was permanently incapacitated for work in accordance with a provision (former provision) in the Veterans’ Entitlements (Invalidity Service Pension — Permanent Incapacity for Work) Determination 1999 is, on the commencement of this Determination, permanently incapacitated for work in accordance with the provision in this Determination that is a restatement of the former provision.
Act means the Veterans’ Entitlements Act 1986.
invalidity service pension means the service pension of that name payable under Part III of the Act.
service pension means a pension payable under Part III of the Act.
Special Rate Disability Pension has the meaning given by section 198 of the MRCA.
Note (1): s.204 is about “offsetting” and may result in a Special Rate Disability Pension (SRDP) being reduced, including to a nil rate, on account of e.g. the reduction of SRDP for permanent impairment payments or Commonwealth superannuation received, in which case the person would not be receiving SRDP . Hence the need for 7(1)(c)(ii).
Note (2): Under s.415(4) of the MRCA, an overpayment to a person may be deducted from an amount payable to the person under MRCA e.g. Special Rate Disability Pension (SRDP). An example of an overpayment is the amount worked out under s.204A of the MRCA where a person converts weekly compensation for an incapacity to a lump sum payment. The deduction of an overpayment from the SRDP could reduce the SRDP to a nil rate in which case the person would not be receiving SRDP. Hence the need for 7(1)(c)(ii).
(c ) the Commission is satisfied that the impairment is permanent.