Military Rehabilitation and Compensation (Payment into Bank or Foreign Corporation Account) Specification 2011 (Cth)

Military Rehabilitation and Compensation (Payment into Bank or Foreign Corporation Account) Specification 2011

Military Rehabilitation and Compensation Act 2004

Instrument 2011 No. M7

The Military Rehabilitation and Compensation Commission makes this Specification under subsection 430(3C) of the Military Rehabilitation and Compensation Act 2004.

Dated    14 April   2011

The Seal of the   )

Military Rehabilitation   )

and Compensation Commission            )                 SEAL

was affixed hereto in the   )

presence of:   )

Ian Campbell        Shane Carmody         Major General Mark Kelly AO DSC

…………………………………………………………………………………………..

IAN CAMPBELL  SHANE CARMODY   MAJOR GENERAL MARK KELLY AO DSC

CHAIR  MEMBER   MEMBER

1.         Name of instrument

This Specification is the Military Rehabilitation and Compensation (Payment into Bank or Foreign Corporation Account) Specification 2011

2.         Commencement

This Specification commences on the day after registration on the Federal Register of Legislative Instruments.

3.         Definitions

Act means the Military Rehabilitation and Compensation Act 2004.

1. Specification of Circumstances

(1) For subsection 430(3A) of the Actthe circumstances in which a person’s compensation under the Act must be paid to the credit of an account with a bank or an account with a foreign             corporation that takes money on deposit — being an account           nominated and maintained by the person (including an account          maintained jointly or in common with another person) — are that            the compensation is within one of the following categories of             compensation and is to be paid as a lump sum:

(a)       permanent impairment compensation, including          interest, payable under subsections 79(1) and (2) of the Act;

(b) permanent impairment compensation payable under section 80 of the Act;

(c) incapacity compensation payment payable under section 138 of the Act;

(d)       compensation for wholly dependent partner payable under paragraph 234(1)(a) or subparagraph 234(1)(b)(i) of the Act;

(e) compensation payment for wholly dependent partner under section 242 of the Act, the amount of which is specified under section 243 of the Act;

(f) compensation for eligible young person under section 251 of the Act, the amount of which is specified under section 252 of the Act;

(g) compensation for eligible young person under section 255 of the Act, the amount of which is specified under section 256 of the Act;

(h)       compensation for dependant under section 262 of      the Act, the amount of which is specified    under             section 263 of the Act;

(i) funeral compensation under section 266 of the Actwhere the compensation is payable to a dependant of the deceased member, the amount of which is specified under section 267 of the Act.

Note: if a trustee of a person’s compensation under the Act has been appointed under subsection 432 of the Act, under section 433 of the Act the compensation is payable to the trustee.