{"id":"F2025L00818","name":"Veterans’ Entitlements (Income Support Supplement—Permanent Incapacity for Work) Determination 2025","slug":"veterans-entitlements-income-support-supplement-permanent-incapacity-for-work-determination-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106558,"registerId":"commonwealth-F2025L00818-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"part","heading":"Name","content":"## 1 Name\n\nThis instrument is the Veterans’ Entitlements (Income Support Supplement—Permanent Incapacity for Work) Determination 2025.","sortOrder":0},{"sectionNumber":"2","sectionType":"part","heading":"Commencement","content":"## 2 Commencement\n\nThis instrument commences on the day after the day it is registered.","sortOrder":1},{"sectionNumber":"3","sectionType":"part","heading":"Authority","content":"## 3 Authority\n\nThis instrument is made under subsection 45QA of the Veterans’ Entitlements Act 1986.","sortOrder":2},{"sectionNumber":"4","sectionType":"part","heading":"Repeals","content":"## 4 Repeals\n\nThe Veterans’ Entitlements (Income Support Supplement – Permanent Incapacity for Work) Determination 2015 is repealed.","sortOrder":3},{"sectionNumber":"5","sectionType":"part","heading":"Definitions","content":"## 5 Definitions\n\nIn this instrument:\n\n> Act means the Veterans’ Entitlements Act 1986.\n\n> award wages means:\n\n> for an industry covered by an award—wages paid under that award; or\n\n> in any other case—the national minimum wage set under paragraph 294(1)(a) of the Fair Work Act 2009.\n\n> Social Security Determination means the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2023 as in force from time to time.","sortOrder":4},{"sectionNumber":"6","sectionType":"part","heading":"Circumstances of permanent incapacity","content":"## 6 Circumstances of permanent incapacity\n\n  (1) A person is permanently incapacitated for work for subparagraph 45Q(4)(c)(ii) of the Act if:\n    (a) the person is permanently blind in both eyes; or\n    (b) the person has a physical, intellectual or psychiatric impairment that has the consequences mentioned in subsection (2).\n  (2) The consequences are:\n    (a) the impairment has an impairment rating of 20 points or more when assessed as if Parts 2 and 3 of the Social Security Determination applied to the impairment; and\n    (b) solely because of the impairment, the person cannot work:\n    (i) for the following 2 years for at least 30 hours per week at award wages or above; and\n    (ii) in a job that exists in Australia, even if not, for a particular person, in the locally accessible labour market.","sortOrder":5}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a straightforward remake of the 2015 determination with updated references. It maintains the same scope: defining permanent incapacity criteria for veteran income support. No expansion beyond original purpose."},"complexity_factors":["Only 5 defined terms in the interpretation section","Single operative section with clear binary test (blindness OR impairment meeting dual criteria)","Cross-reference to external instrument (Social Security Determination) for assessment methodology","Nested conditions in subsection (2): impairment rating threshold AND work incapacity test","Work incapacity test contains temporal element (2 years), hours threshold (30/week), and wage floor (award wages)","No exceptions, exemptions, or transitional provisions"],"plain_english_summary":"This law updates 2015 rules with 2025 standards for the Income Support Supplement, defining when a veteran is “permanently incapacitated for work.” It applies to veterans who are bilaterally blind or who meet both a severity threshold (20+ points on a disability assessment aligned with Centrelink’s DSP) and a work test showing they cannot, because of that condition alone, work at least 30 hours/week for the next two years at award wages in any job in Australia. It affects eligibility for ongoing income support."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The instrument repeals the 2015 Determination (s.4) and replaces it with explicit eligibility criteria. It introduces automatic inclusion for permanent bilateral blindness and adopts the Social Security Determination 2023 (s.6(1); s.6(2)(a)) as the assessment standard, sets a 20‑point threshold, a 2‑year/30‑hour work test and a national job‑existence test (s.6(2)). Those changes alter the assessment method and the labour‑market benchmark compared with the repealed instrument."},"complexity_factors":["Cross-reference to external instrument (Social Security Determination 2023) to set the impairment assessment method (s.5 definition of 'Social Security Determination'; s.6(2)(a)).","Numeric impairment threshold that depends on applying Parts 2 and 3 of the Social Security Determination (20 points) — requires translating another instrument's tables into eligibility (s.6(2)(a)).","Causation standard: the inability to work must be 'solely because of the impairment', creating a strict legal/medical causal test (s.6(2)(b)).","Temporal and hours requirement: incapacity must prevent working for the following 2 years for at least 30 hours/week, introducing a forward‑looking duration and intensity test (s.6(2)(b)(i)).","Labour‑market scope: the test looks to whether the job exists in Australia generally, not only the locally accessible labour market — broadens geographic job availability assessment (s.6(2)(b)(ii)).","Definition of 'award wages' links eligibility to either award pay or the national minimum wage, so changes in wage law affect the benchmark (s.5 'award wages').","Repeal and replacement of the 2015 Determination requires administrators to apply the new criteria from commencement, raising transitional/administrative adjustments (s.4; s.2 commencement).","Instrument made under subsection 45QA of the Act, so scope and application depend on that statutory power and administrative implementation (s.3)."],"plain_english_summary":"This instrument replaces the 2015 Determination and sets the test for being “permanently incapacitated for work” under subsection 45Q(4)(c)(ii) of the Veterans’ Entitlements Act 1986. It treats permanent blindness as sufficient, and otherwise requires an impairment rated 20+ points under the Social Security (Tables for the Assessment of Work‑related Impairment for Disability Support Pension) Determination 2023 that, solely because of the impairment, prevents the person working at least 30 hours per week at award wages for the next two years in any Australian job. It therefore fixes the medical assessment standard and the wage/workload benchmark used to determine eligibility."}},"importantCases":[],"_links":{"self":"/api/acts/veterans-entitlements-income-support-supplement-permanent-incapacity-for-work-determination-2025","history":"/api/acts/veterans-entitlements-income-support-supplement-permanent-incapacity-for-work-determination-2025/history","analysis":"/api/acts/veterans-entitlements-income-support-supplement-permanent-incapacity-for-work-determination-2025/analysis","conflicts":"/api/acts/veterans-entitlements-income-support-supplement-permanent-incapacity-for-work-determination-2025/conflicts","importantCases":"/api/acts/veterans-entitlements-income-support-supplement-permanent-incapacity-for-work-determination-2025/important-cases","documents":"/api/acts/veterans-entitlements-income-support-supplement-permanent-incapacity-for-work-determination-2025/documents"}}