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This instrument is the Veterans’ Entitlements (Income Support Supplement—Permanent Incapacity for Work) Determination 2025.
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This instrument replaces the 2015 Determination and sets the test for being “permanently incapacitated for work” under subsection 45Q(4)(c)(ii) of the Veterans’ Entitlements Act 1986. It treats permanent blindness as sufficient, and otherwise requires an impairment rated 20+ points under the Social Security (Tables for the Assessment of Work‑related Impairment for Disability Support Pension) Determination 2023 that, solely because of the impairment, prevents the person working at least 30 hours per week at award wages for the next two years in any Australian job. It therefore fixes the medical assessment standard and the wage/workload benchmark used to determine eligibility.
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Direct links to the current provisions in Veterans’ Entitlements (Income Support Supplement—Permanent Incapacity for Work) Determination 2025.
This instrument is the Veterans’ Entitlements (Income Support Supplement—Permanent Incapacity for Work) Determination 2025.
This instrument commences on the day after the day it is registered.
This instrument is made under subsection 45QA of the Veterans’ Entitlements Act 1986.
The Veterans’ Entitlements (Income Support Supplement – Permanent Incapacity for Work) Determination 2015 is repealed.
In this instrument:
Act means the Veterans’ Entitlements Act 1986.
award wages means:
for an industry covered by an award—wages paid under that award; or
in any other case—the national minimum wage set under paragraph 294(1)(a) of the Fair Work Act 2009.
Social Security Determination means the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2023 as in force from time to time.
(1) A person is permanently incapacitated for work for subparagraph 45Q(4)(c)(ii) of the Act if: (a) the person is permanently blind in both eyes; or (b) the person has a physical, intellectual or psychiatric impairment that has the consequences mentioned in subsection (2). (2) The consequences are: (a) the impairment has an impairment rating of 20 points or more when assessed as if Parts 2 and 3 of the Social Security Determination applied to the impairment; and (b) solely because of the impairment, the person cannot work: (i) for the following 2 years for at least 30 hours per week at award wages or above; and (ii) in a job that exists in Australia, even if not, for a particular person, in the locally accessible labour market.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This instrument is the Veterans’ Entitlements (Income Support Supplement—Permanent Incapacity for Work) Determination 2025.
This instrument commences on the day after the day it is registered.
This instrument is made under subsection 45QA of the Veterans’ Entitlements Act 1986.
The Veterans’ Entitlements (Income Support Supplement – Permanent Incapacity for Work) Determination 2015 is repealed.
In this instrument:
Act means the Veterans’ Entitlements Act 1986.
award wages means:
for an industry covered by an award—wages paid under that award; or
in any other case—the national minimum wage set under paragraph 294(1)(a) of the Fair Work Act 2009.
Social Security Determination means the Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2023 as in force from time to time.
(1) A person is permanently incapacitated for work for subparagraph 45Q(4)(c)(ii) of the Act if: (a) the person is permanently blind in both eyes; or (b) the person has a physical, intellectual or psychiatric impairment that has the consequences mentioned in subsection (2). (2) The consequences are: (a) the impairment has an impairment rating of 20 points or more when assessed as if Parts 2 and 3 of the Social Security Determination applied to the impairment; and (b) solely because of the impairment, the person cannot work: (i) for the following 2 years for at least 30 hours per week at award wages or above; and (ii) in a job that exists in Australia, even if not, for a particular person, in the locally accessible labour market.