“eligible veteran”“eligible veteran”

“eligible veteran”

“eligible veteran” means a veteran who is eligible to participate in the Scheme because of incapacity from war-caused injury or disease as specified in sub-sections 105 (5) and 105 (7) of the Act;

Note 1: Subsections 105 (5) and 105 (7) provide:

105 (5) A veteran is, subject to subsection (7), eligible to participate in the Vehicle Assistance Scheme if the veteran is incapacitated from war-caused injury or war-caused disease by reason of:

(a) amputation of both legs above the knee;

(b) amputation of one leg above the knee and, in addition:

(i) amputation of the other leg at or above the ankle and amputation of one arm at or above the wrist; or

(ii) amputation of both arms at or above the wrists;

(c) complete paraplegia resulting in the total loss of voluntary power in both legs to the extent that there is insufficient power for purposeful use for stance or locomotion; or

(d) a condition that, in the opinion of the Commission, is similar in effect or severity to a condition described in paragraph (a) or (b).

105 (7) For the purposes of subsection (5):

(a) a leg that has been rendered permanently and wholly useless above the knee shall be treated as if it had been amputated above the knee;

(b) a veteran shall not be taken to be incapacitated by reason of the disability described in paragraph (5) (c) unless the disability is such that surgical or other therapeutic measures are not reasonably capable of restoring power for purposeful use for stance or locomotion; and

(c) a reference to the Vehicle Assistance Scheme shall, unless the contrary intention appears, be read as a reference to:

(i) the Vehicle Assistance Scheme prepared under subsection (1) and approved by the Minister, but not being such a Scheme that has been revoked; or

(ii) if that Scheme has been varied under subsection (2) by an instrument approved by the Minister—that Scheme as so varied.

Note 2: Section 96 of the Act provides that for the purposes of this Scheme “veteran” is to be read as including a reference to a member of the Forces or a member of a Peacekeeping Force as defined in section 68 of the Act.