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This instrument is the Veterans’ Entitlements (Invalidity Service Pension ─ Permanent Incapacity for Work) Determination 2023.
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This instrument replaces the 2013 Determination and sets the legal test for who is "permanently incapacitated for work" for the Invalidity Service Pension under the Veterans’ Entitlements Act 1986. It declares benefit-based triggers (e.g. permanent blindness or receipt/entitlement to a special‑rate pension) and a medical test (a combined impairment rating of 40+ plus inability to work more than 8 hours/week), and preserves existing findings on commencement. It affects veterans seeking the service pension and the Department and Commission that assess and pay claims.
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Direct links to the current provisions in Veterans’ Entitlements (Invalidity Service Pension – Permanent Incapacity for Work) Determination 2023.
This instrument is the Veterans’ Entitlements (Invalidity Service Pension ─ Permanent Incapacity for Work) Determination 2023.
This instrument commences on the day after registration.
This instrument is made under section 37AA of the Veterans’ Entitlements Act 1986.
Note: Terms used in this instrument have the same meaning as they do in the Veterans’ Entitlements Act 1986. For example, the following are defined in that Act:
Note: Approved Guide to the Assessment of Rates of Veterans’ Pensions;
Note: Commission;
Note: Military Rehabilitation and Compensation Commission;
Note: MRCA.
In this instrument:
Act means the Veterans’ Entitlements Act 1986.
Special Rate Disability Pension has the same meaning as in section 5 of the MRCA.
Department means the Department of Veterans’ Affairs.
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
(1) This section applies to a person who, immediately before the commencement of this instrument, was permanently incapacitated for work under the Veterans’ Entitlements (Invalidity Service Pension ─ Permanent Incapacity for Work) Determination 2013. (2) On the commencement of this instrument, the person is taken to be permanently incapacitated for work under this instrument.
For paragraph 37(1)(c) of the Act, a person is permanently incapacitated for work if: (a) at least one of the following applies to the person: (i) the person is permanently blind in both eyes; (ii) the person receives a special rate of pension under section 24 of the Act; (iii) the person receives a Special Rate Disability Pension; (iv) the person would receive a Special Rate Disability Pension but for the application of section 204 or section 415 or both of the MRCA to the person; (v) the Military Rehabilitation and Compensation Commission is satisfied the person meets the eligibility criteria mentioned in subsection 199(1) of the MRCA; or (b) all of the following are met: (i) the person has an impairment that, if it was an injury or disease for the Approved Guide to the Assessment of Rates of Veterans’ Pensions, would result in a combined impairment rating of 40 or more under Table 18.1 of the Guide; (ii) because of the impairment, the person is permanently unable to work for more than 8 hours a week; (iii) the Commission is satisfied that the impairment is permanent.
Schedule 1—Repeals
Veterans’ Entitlements (Invalidity Service Pension ─ Permanent Incapacity for Work) Determination 2013
1 The whole of the instrument
Repeal the instrument.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This instrument is the Veterans’ Entitlements (Invalidity Service Pension ─ Permanent Incapacity for Work) Determination 2023.
This instrument commences on the day after registration.
This instrument is made under section 37AA of the Veterans’ Entitlements Act 1986.
Note: Terms used in this instrument have the same meaning as they do in the Veterans’ Entitlements Act 1986. For example, the following are defined in that Act:
Note: Approved Guide to the Assessment of Rates of Veterans’ Pensions;
Note: Commission;
Note: Military Rehabilitation and Compensation Commission;
Note: MRCA.
In this instrument:
Act means the Veterans’ Entitlements Act 1986.
Special Rate Disability Pension has the same meaning as in section 5 of the MRCA.
Department means the Department of Veterans’ Affairs.
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
(1) This section applies to a person who, immediately before the commencement of this instrument, was permanently incapacitated for work under the Veterans’ Entitlements (Invalidity Service Pension ─ Permanent Incapacity for Work) Determination 2013. (2) On the commencement of this instrument, the person is taken to be permanently incapacitated for work under this instrument.
For paragraph 37(1)(c) of the Act, a person is permanently incapacitated for work if: (a) at least one of the following applies to the person: (i) the person is permanently blind in both eyes; (ii) the person receives a special rate of pension under section 24 of the Act; (iii) the person receives a Special Rate Disability Pension; (iv) the person would receive a Special Rate Disability Pension but for the application of section 204 or section 415 or both of the MRCA to the person; (v) the Military Rehabilitation and Compensation Commission is satisfied the person meets the eligibility criteria mentioned in subsection 199(1) of the MRCA; or (b) all of the following are met: (i) the person has an impairment that, if it was an injury or disease for the Approved Guide to the Assessment of Rates of Veterans’ Pensions, would result in a combined impairment rating of 40 or more under Table 18.1 of the Guide; (ii) because of the impairment, the person is permanently unable to work for more than 8 hours a week; (iii) the Commission is satisfied that the impairment is permanent.
Schedule 1—Repeals
Veterans’ Entitlements (Invalidity Service Pension ─ Permanent Incapacity for Work) Determination 2013
1 The whole of the instrument
Repeal the instrument.