Overview

The Veterans' Entitlements (Income Support Supplement - Permanent Incapacity for Work) Determination 1999, made under subsection 45AA(1) of the Veterans' Entitlements Act 1986, aims to establish the criteria for determining when a veteran is permanently incapacitated for work, thereby qualifying them for an income support supplement. This determination was enacted to address the specific need for a clear framework to assess the eligibility of veterans who are unable to work due to permanent impairments, ensuring they receive appropriate support. The policy objective is to provide financial assistance to those veterans who, due to their impairments, are unable to engage in employment for at least two years at award wages or above in Australia. This determination is implemented by the Repatriation Commission, which assesses the veteran's condition and its impact on their ability to work, with a right of review under section 57 of the VEA for those whose applications are unsuccessful.

Scope and Application

The Veterans' Entitlements (Income Support Supplement - Permanent Incapacity for Work) Determination 1999 applies to individuals who are seeking to be recognised as permanently incapacitated for work under the Veterans' Entitlements Act 1986. Specifically, it applies to those who are veterans or their dependants and need to demonstrate their incapacity for work due to a qualifying impairment. The geographic reach of this determination is within Australia, as it considers work opportunities available in the Australian labour market. To be eligible, a person must meet stringent criteria, such as being permanently blind in both eyes or having an impairment assessed at 20 points or more under the Social Security Impairment Tables in Schedule 1B of the Social Security Act 1991, and the Repatriation Commission must confirm that the person cannot work for at least 30 hours a week at award wages or above for two years. This determination does not specify exclusions, but it does provide a pathway for review if the Repatriation Commission denies eligibility, allowing the decision to be challenged under section 57 of the VEA.

Key Provisions

The Veterans’ Entitlements (Income Support Supplement - Permanent Incapacity for Work) Determination 1999, made under the Veterans' Entitlements Act 1986 (VEA), sets out the criteria for a person to be considered permanently incapacitated for work in order to be eligible for an income support supplement (subsection 45AA(1)). According to this determination, a person will be deemed permanently incapacitated for work if they meet certain conditions, primarily revolving around the nature and severity of their impairment. Specifically, the person must either be permanently blind in both eyes, or have a physical, intellectual or psychiatric impairment that would be assessed at 20 points or more under the Social Security Impairment Tables in Schedule 1B of the Social Security Act 1991. Furthermore, the Repatriation Commission must be satisfied that the person cannot work for at least 30 hours a week at award wages or above in Australia for a period of two years solely because of the impairment. Importantly, the work in question need only exist in Australia and does not have to be available in the person’s locally accessible labour market. The determination imposes several obligations on the parties it governs. The Repatriation Commission is responsible for assessing whether a person meets the criteria for being permanently incapacitated for work. This assessment includes evaluating the nature and severity of the person’s impairment and determining whether it would be assessed at 20 points or more under the Social Security Impairment Tables. The Commission must also consider whether the person cannot work for at least 30 hours a week at award wages or above in Australia for a period of two years solely because of the impairment. Additionally, if the Commission is not satisfied that a person meets the criteria, the person has the right to request a review of the decision under section 57 of the VEA. Failure to comply with the provisions of the Veterans’ Entitlements Act 1986 and the Veterans' Entitlements (Income Support Supplement - Permanent Incapacity for Work) Determination 1999 may result in civil or criminal consequences. However, the specific offences, penalties, or consequences for breach are not detailed within the text of the determination itself. Generally, breaches of the VEA could lead to civil penalties, such as fines, or criminal penalties, such as imprisonment, depending on the nature and severity of the breach. The maximum penalties for such offences are not specified in the provided text but would typically be outlined in the VEA or related legislation.