12Normal and actual earnings—declared member engaged in paid civilian work at time of incapacity, who is not undertaking career transition assistance

12 Normal and actual earnings—declared member engaged in paid civilian work at time of incapacity, who is not undertaking career transition assistance

(1) For the purposes of section 116 of the Act, this section applies to a declared member who: (a) for a week referred to in this section, was incapacitated for either or both service or work as a result of a service injury or disease; and (b) was a declared member when the service injury was sustained or the service disease was contracted; and (c) was engaged in paid civilian work at the time of the member’s incapacity and is not undertaking a period of career transition assistance. (2) The member’s normal earnings for a week is the amount worked out by: (a) treating the member as if the member were an incapacitated Reservist mentioned in section 94 of the Act; and (b) assuming, for the application of section 95 of the Act, that the member would have an ADF component of nil; and (c) working out the amount that would be the member’s normal earnings if the member were an incapacitated Reservist. (3) The member’s actual earnings for a week is the amount worked out by: (a) treating the member as an incapacitated Reservist mentioned in section 94 of the Act; and (b) working out the amount that would be the member’s actual civilian earnings if the member were an incapacitated Reservist.