Military Rehabilitation and Compensation (Weekly Payments Class of Persons) Specification 2011 (Cth)

Military Rehabilitation and Compensation (Weekly Payments – Class of Persons) Specification 2011

Military Rehabilitation and Compensation Act 2004

Instrument 2011 No. M6

The Military Rehabilitation and Compensation Commission makes this Specification under subsections 224(4), 248(4) and 303(4) of the Military Rehabilitation and Compensation Act 2004.

Dated    January 27   2011

The Seal of the   )

Military Rehabilitation   )

and Compensation Commission            )           Seal

was affixed hereto in the   )

presence of:   )

Ian Campbell   Major General Mark Kelly AO

………………………………………………………………………………………....

IAN CAMPBELL   MAJOR GENERAL MARK KELLY AO

CHAIR   MEMBER

1          Name of instrument

This Specification is the Military Rehabilitation and Compensation (Weekly Payments – Class of Persons) Specification 2011

2          Commencement

This Specification commences on the day after the day it is registered on the Federal Register of Legislative Instruments.

3          Definitions

In this Specification:

Act means the Military Rehabilitation and Compensation Act 2004.

4          Specification of classes of persons

(1)For subsections 224(2), 248(2) and 303(2) of the Act, the class of persons who meet the following criteria is specified:

(a)  the person is an Australian resident and living in Australia;

(b) the person is receiving MRCA supplement under section 221, 245 or 300 of the Act;

(c) the person would benefit from having their MRCA supplement paid as described in subsection 224(2), 248(2) or 303(2) of the Act, as the case may be;

(d)  the person:

(i)has voluntarily agreed to be paid their MRCA supplement as described in subsection 224(2), 248(2) or 303(2) of the Act, as the case may be; and

(ii)has not revoked or withdrawn that agreement.

(2)Without limiting paragraph (1)(c), a person would benefit from having their MRCA supplement paid as described in subsection 224(2), 248(2) or 303(2) of the Act, as the case may be if:

(a)  the person does not have access to safe, secure and adequate housing, or is using emergency accommodation or a refuge; or

(b)  the person is financially vulnerable and significantly disadvantaged.

(3)Without limiting paragraph (2)(a), a person is taken not to have access to safe, secure and adequate housing if:

(a)  the housing to which the person has access:

(i)damages, or is likely to damage, the person’s health; or

(ii)threatens, or is likely to threaten, the person’s safety; or

(iii)does not provide the person with access to a reasonable level of personal amenities or the economic and social support that housing normally affords; or

(b)  in the circumstances, the adequacy, safety, security or affordability of the housing to which the person has access is adversely affected or may be adversely affected; or

(c)  the person does not have a right to remain, or a reasonable expectation of being able to remain, in the housing to which the person has access.