EXPLANATORY NOTE

VETERANS’ ENTITLEMENTS ACT 1986

SUBSECTION 37AA(1)

VETERANS' ENTITLEMENTS (INVALIDITY SERVICE PENSION - PERMANENT INCAPACITY FOR WORK) DETERMINATION 1999

1. This determination sets out the circumstances where a person is permanently incapacitated for work in order to be eligible for invalidity service pension ('ISP').

The determination is made under subsection 37AA(1) of the Veterans' Entitlements Act 1986 ('the VEA').

2.  A person will be considered permanently incapacitated for work if:

• the person is permanently blind in both eyes; or
• the person is a veteran to whom section 24 of the VEA applies (special rate pension); or
• the person has an impairment that, if deemed to be an injury or disease for the Guide to the Assessment of Rates of Veterans' Pensions, would rate 40 or more in Table 18.1 of that Guide; and
• solely because of the incapacity, the person is permanently unable to work for periods adding up to more than 8 hours per week; and
• the Repatriation Commission regards the incapacity as permanent.

3.  By way of information, if the Repatriation Commission is not satisfied a person is permanently incapacitated for work in accordance with the criteria mentioned above, the person may have that decision reviewed as part of an overall review of the Commission's decision not to grant an invalidity service pension. This right of review is available under section 57 of the VEA.