Military Rehabilitation and Compensation Regulations 2020
14Normal and actual earnings—incapacitated declared member undertaking career transition assistance
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14 Normal and actual earnings—incapacitated declared member undertaking career transition assistance
(1) For the purposes of section 116 of the Act, this section applies to an incapacitated 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 undertaking a period of career transition assistance at the time of the incapacity. Member has not been discharged (2) The normal earnings for a week for a member to whom this section applies, and who has not been discharged, is the amount worked out by treating the member as if the member were: (a) a Permanent Forces member or continuous full‑time reservist mentioned in section 91 of the Act; and (b) incapacitated for service. (3) The actual earnings for a week for a member to whom this section applies, and who has not been discharged, is the amount worked out by treating the member as if the member were: (a) a Permanent Forces member or continuous full‑time reservist mentioned in section 92 of the Act; and (b) incapacitated for service. Member has been discharged (4) The normal earnings for a week for a member to whom this section applies, and who has been discharged, is the amount worked out by treating the member as if the member were a person mentioned in section 104 of the Act who was a Permanent Forces member immediately before completing the member’s last period of full‑time service. (5) The actual earnings for a week for a member to whom this section applies, and who has been discharged, is the amount worked out by treating the member as if the member were a person mentioned in section 105 of the Act, and who is incapacitated for service.
Note: For subsections (4) and (5)—a person who has been discharged from the Permanent Forces or the Reserves remains a declared member while undertaking career transition assistance.