7Circumstances when permanently incapacitated for work

7 Circumstances when permanently incapacitated for work

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.