Document ID: chunk:federal_register_of_legislation:C2024C00866:section:85b
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 85B
Character Range: 1323768–1325079

85B  Treatment under section 279 or 280 of the MRCA if a person is entitled to treatment under the VEA for a separate injury or disease
 (1) This section applies if:
 (a) a person is entitled to treatment for a service injury or disease (within the meaning of the MRCA) under section 279 or 280 of the MRCA; and
 (b) apart from this section, the person would also be eligible to be provided with treatment for a separate war‑caused or defence‑caused injury or disease under subsection 85(1) or (2) of this Act.
Note: A person who is eligible to be provided with treatment under this Act for any injury or disease would continue to be provided with that treatment.
 (2) The person is entitled to treatment only under section 279 or 280 of the MRCA, and not under subsection 85(1) or (2) of this Act, for the war‑caused or defence‑caused injury or disease during the period in which the person is provided with treatment for the service injury or disease.
 (3) During this period, the treatment for the war‑caused or defence‑caused injury or disease is taken to be treatment to which a person is entitled under Part 3 of Chapter 6 of the MRCA for the purposes of section 289 of that Act (compensable treatment) but not for the purposes of section 288A of that Act (compensation for those entitled to treatment).