Australian Defence Force Cover Act 2015
16Invalidity pension
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16 Invalidity pension
Payability of pension (1) Invalidity pension is payable to an invalid who is classified as class A or class B.
Note 1: Subdivision B provides for CSC to classify invalids according to their incapacity for civil employment. Class A invalids are those whom CSC determines as having at least 60% incapacity. Class B invalids are those whom CSC determines as having at least 30%, but less than 60%, incapacity.
Note 2: The first classification takes effect when the invalid is medically discharged, even if the classification results from a determination made after the discharge: see section 21.
Rate of pension (2) The annual rate of the pension on a day (the key day) is: (a) if the invalid is under 60 on the key day—the sum of: (i) the basic annual rate of the pension for the invalid on the key day; and (ii) the top‑up annual rate of the pension on the key day worked out under section 17 for the invalid; or (b) if the invalid is at least 60 on the key day—the basic annual rate of the pension for the invalid on the key day. Cases in which pension is not payable (3) This section has effect subject to: (a) Subdivision C (which deals with incapacity for which pension is not payable); and (b) section 44 (which deals with automatic conversion of small pensions to lump sums).
Note: Even if a pension is payable under this section, payment of it may be stopped under Division 6 of Part 4 for failing to give information or submit to medical examination as required by CSC.