Veterans’ Entitlements (Invalidity Service Pension – Permanent Incapacity for Work) Determination 2023

The Repatriation Commission makes the following instrument.

Dated   5 September 2023 

The Seal of the Repatriation Commission was affixed hereto in the presence of:

1  Name

  This instrument is the Veterans’ Entitlements (Invalidity Service Pension ─ Permanent Incapacity for Work) Determination 2023.

2  Commencement

  This instrument commences on the day after registration.

3  Authority

  This instrument is made under section 37AA of the Veterans’ Entitlements Act 1986.

4  Interpretation

Note: Terms used in this instrument have the same meaning as they do in the Veterans’ Entitlements Act 1986. For example, the following are defined in that Act:

• Approved Guide to the Assessment of Rates of Veterans’ Pensions;
• Commission;
• Military Rehabilitation and Compensation Commission;
• MRCA.

  In this instrument:

Act means the Veterans’ Entitlements Act 1986.

Special Rate Disability Pension has the same meaning as in section 5 of the MRCA.

Department means the Department of Veterans’ Affairs.

5  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

6  Savings

 (1) This section applies to a person who, immediately before the commencement of this instrument, was permanently incapacitated for work under the Veterans’ Entitlements (Invalidity Service Pension ─ Permanent Incapacity for Work) Determination 2013.

 (2) On the commencement of this instrument, the person is taken to be permanently incapacitated for work under this instrument.

7  Circumstances when permanently incapacitated for work

  For paragraph 37(1)(c) of the Act, a person is permanently incapacitated for work if:

(a)    at least one of the following applies to the person:

    (i)   the person is permanently blind in both eyes;

 (ii)  the person receives a special rate of pension under section 24 of the Act;

 (iii) the person receives a Special Rate Disability Pension;

 (iv) the person would receive a Special Rate Disability Pension but for the application of section 204 or section 415 or both of the MRCA to the person;

 (v) the Military Rehabilitation and Compensation Commission is satisfied the person meets the eligibility criteria mentioned in subsection 199(1) of the MRCA; or

 (b) all of the following are met:

 (i) the person has an impairment that, if it was an injury or disease for the Approved Guide to the Assessment of Rates of Veterans’ Pensions, would result in a combined impairment rating of 40 or more under Table 18.1 of the Guide;

 (ii) because of the impairment, the person is permanently unable to work for more than 8 hours a week;

 (iii) the Commission is satisfied that the impairment is permanent.

Schedule 1—Repeals

Veterans’ Entitlements (Invalidity Service Pension ─ Permanent Incapacity for Work) Determination 2013

1  The whole of the instrument

Repeal the instrument.