25AOffsetting certain SRCA payments

#### 25A Offsetting certain SRCA payments (1) This section applies to a veteran: (a) to whom section 23, 24 or 25 applies; or (b) who is granted a temporary incapacity allowance under section 107 or a loss of earnings allowance under section 108; for a war‑caused injury or a war‑caused disease if the veteran has received an amount of compensation, whether before or after the commencement of this section, under section 24, 25 or 27 of the Safety, Rehabilitation and Compensation Act 1988 for some other injury or disease. (2) That amount of compensation is to be converted to a fortnightly amount in accordance with advice from the Australian Government Actuary. (3) The rate at which: (a) a pension is payable to the person under section 23, 24 or 25; or (b) a temporary incapacity allowance under section 107 or a loss of earnings allowance under section 108 is payable to the person; apart from this section, is reduced, but not below zero, by the fortnightly amount worked out under subsection (2) of this section. 136 Subsection 27(3) Repeal the subsection, substitute: (3) If the rate calculated in accordance with subsection (2) in respect of the pension payable to a veteran exceeds: (a) if section 25A applies to the veteran—the rate specified in subsection 24(6); or (b) otherwise—the rate specified in subsection 24(4); the rate must be reduced by the amount of the excess. 137 Paragraph 30P(1)(b) Before “30C”, insert “25A,”. 138 Paragraph 79(1)(b) Before “74”, insert “25A or”. 139 Paragraphs 86(2)(a) and (b) After “24(4)”, insert “or (6)”. 140 At the end of section 107 Add: > Note: If section 25A applies to a veteran, the rate at which temporary incapacity allowance is payable to the veteran is reduced in accordance with that section. 141 At the end of section 108 Add: > Note: If section 25A applies to a veteran, the rate at which loss of earnings allowance is payable to the veteran is reduced in accordance with that section. 142 Application of amendments The amendments made by this Part apply to claims under section 14, or applications under section 15, of the Veterans’ Entitlements Act 1986 made after the commencement of section 3 of the Military Rehabilitation and Compensation Act 2004. Schedule 2—Amendment of the Safety, Rehabilitation and Compensation Act 1988 Part 1—Main amendments relating to transitional and application issues 1 Subsection 4(1) Insert: > CTPA means the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004. 2 Subsection 4(1) Insert: > MRCA means the Military Rehabilitation and Compensation Act 2004. 3 Subsection 4(1) Insert: > MRCA commencement date means the date on which section 3 of the MRCA commences. 4 At the end of subsection 4(3) Add: > Note: However, members of the Defence Force with service after the MRCA commencement date might be taken not to have suffered a physical or mental injury or ailment (see section 4AA and subsection 6A(2A)). 5 After section 4 Insert: