Veterans’ Entitlements (Income Support Supplement – Permanent Incapacity for Work) Determination 2015 (Cth)

Veterans' Entitlements (Income Support Supplement — Permanent Incapacity for Work) Determination 2015

Instrument 2015 No. R25

The REPATRIATION COMMISSION makes this Determination under subsection 45QA (1) of the Veterans' Entitlements Act 1986 (VEA).

Dated this 2^nd   day of             July   2015

SEAL

Simon Lewis              Major General Craig Orme           Major General Mark Kelly
………………………………………………………………………………….………

SIMON LEWIS       MAJOR GENERAL CRAIG ORME    MAJOR GENERAL MARK KELLY

   AO DSC
   PRESIDENT               DEPUTY PRESIDENT                         COMMISSIONER

Part 1: Preliminary

1.1    Name of determination

This Determination is the Veterans’ Entitlements (Income Support Supplement – Permanent Incapacity for Work) Determination 2015.

1.2Commencement

This Determination commences on the day after registration.

1.3    Revocation

The Veterans’ Entitlements (Income Support Supplement – Permanent Incapacity for Work) Determination 1999 is revoked.

Note: the revoked determination was made under section 45AA of the VEA. Section 45AA was repealed by the Veterans’ Entitlements Legislation Amendment (2007 Election Commitments) Act 2008 (2008 Act).  Item 6 of Schedule 2 of the 2008 Act provides:

“A determination in force under section 45AA of the Veterans’ Entitlements Act 1986 immediately before the commencement of this Schedule continues in force after that commencement as if it were a determination under section 45QA of that Act.”. 

Accordingly the revoked determination is deemed to have been made under section 45QA of that Act and may be revoked under section 45QA.

1.4    Purpose

This Determination specifies the circumstances in which a person is permanently incapacitated for work for eligibility for an income support supplement under the VEA.

Part 2: Permanent Incapacity

2.1     Circumstances of permanent incapacity

(1)  A person is permanently incapacitated for work for subparagraph    45Q(4)(c)(ii) of the VEA 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, assessed under an Impairment Table in Part                3 of  the Social Security (Tables for the Assessment of Work-                  related Impairment for Disability Support Pension)    Determination 2011 in force from time to time, as if it were an         impairment for that Table, has an impairment rating of 20    points or more; and

(b)     the Commission is satisfied, when determining a claim, that,                solely because of the impairment, the person cannot do work            of the kind mentioned in section 2.2 for the following 2 years.

2.2     Kind of work for 2.1(2)(b) 

(1)  For subparagraph 2.1(2)(b), the kind of work is work:

(a)     for at least 30 hours a week at award wages or above; and

(b)     that exists in Australia even if not, for a particular person, in    the locally accessible labour market.