Guide to Determining Impairment and Compensation 2016
full-source-retrieval-0024Document excerpt 24
In determining the relevant compensation factor where a DRCA accepted condition or a VEA accepted condition is involved:
a DRCA accepted condition is treated as peacetime;
a VEA accepted condition is treated as warlike/non‑warlike; and
a condition accepted under both the VEA and DRCA is treated as warlike/non‑warlike.
Step (1) Use this Guide to assess, as at the date of the MRCA determination, the combined effect of:
(a) each MRCA accepted condition; and
(b) any VEA accepted conditions, and any DRCA accepted conditions, which were accepted conditions on the date the person claimed MRCA PI:
to work out the resulting compensation that would notionally be payable under MRCA.
Step (2) Assess whether, under this Guide, the MRCA accepted condition under Step (1)(a) contributes at least 5 impairment points to the overall impairment rating:
(a) if the MRCA accepted condition contributes at least 5 impairment points to the overall impairment rating, compensation for that condition may be payable—continue to Step (3); or
(b) if the MRCA accepted condition contributes less than 5 impairment points—reject the claim.
Step (3) If compensation may be payable, work out the amount of compensation that would be payable under MRCA for the VEA and/or DRCA accepted conditions referred to in Step (1), as at the date of the MRCA determination, using this Guide, as if those conditions were compensable under the MRCA.
Step (4) Reduce the amount worked out under Step (1) by the amount worked out under Step (3).
Step (5) The amount worked out at Step (4) is the amount payable under the MRCA, subject to the MRCA PI Cap (see Step (6)).
Step (6) If the total sum of:
(a) the amount worked out under Step (4); and
(b) the amount worked out by using the VEA percentage to calculate the notional equivalent amount of pension under Part II or IV of the VEA payable, using the General Rate payable at the date of the determination; and
(c) DRCA section 24, 25 and 27 lump sum amounts paid for the DRCA conditions referred to in Step (1) (the DRCA payments being converted as set out below):
exceeds the maximum weekly payment of MRCA PI at the date of the determination (the MRCA PI Max), go to Step (7).
Step (7) If the amount worked out in Step (6) exceeds the MRCA PI Max, the MRCA compensation payment is worked out as follows:
- (a) [excess MRCA PI]
- equals [amount worked out in Step 6(b)]
- plus [DRCA section 24, 25 and 27 lump sums converted to periodic payments]
- plus [Step (4) amount]