Document ID: chunk:federal_register_of_legislation:F2023C00151:reg:45:p2
Version: federal_register_of_legislation:F2023C00151
Segment Type: reg
Provision Reference: reg 45 (pt 2/9)
Character Range: 505446–508411

age without the accepted condition.

Method of assessment of lifestyle effect for calculating interim impairment payments

When calculating an interim impairment payment amount under subsection 75(2) of the Act, the Commission must allocate a lifestyle rating using the following methodology:

            Step (1) Obtain the lifestyle rating for all conditions previously determined;

            Step (2) Work out the lifestyle rating for all conditions (including the current condition in respect of which a determination has not been made) using:

                 (a) the top of the shaded area for impairment points between 0 and 15; or
                 (b) in any other case — the bottom of the shaded area.

            Step (3) Use the higher of the lifestyle ratings from steps 1 and 2 to work out the interim permanent impairment payment.

This method of assessment of lifestyle effect is not to be used when subsection 75(4) of the Act applies.

    Optional methods of assessment when all conditions stabilised

There are three optional methods of assessing lifestyle effects. The veteran may choose which of these methods is to be used for his or her assessment. Except where otherwise indicated, the determining authority is to make its assessment on the basis of the last choice made by the veteran and notified to the determining authority. Where no option has been or can be chosen, the determining authority is to determine a lifestyle rating by following the procedure described under "Option 2" below.

Option 1 allows a veteran to self-assess the effects of the accepted conditions on his or her lifestyle. The veteran must complete a Lifestyle Rating Self Assessment Form. The form covers the four key components of lifestyle (personal relationships, mobility, recreational and community activities, and employment and domestic activities) and is in accord with Tables 22.1 to 22.5.

The self-assessed rating should not usually be queried although further information may be requested if necessary. It is expected that the self-assessed lifestyle rating would be broadly consistent with the level of impairment. A determining authority may reject a self-assessment of lifestyle rating because it overestimates, or underestimates, the level of rating that is broadly consistent with the level of impairment from accepted conditions.

If a determining authority rejects a veteran's self assessment on the ground that it is an underassessment, the determining authority is to substitute its own lifestyle rating for the one chosen by the veteran, provided that the new rating is higher than the original self-assessed rating.

If a determining authority rejects a veteran's self assessment on the ground that it is an overassessment, the veteran is to be given a second opportunity to complete a Lifestyle Questionnaire. If after having been given the opportunity the veteran completes a Lifestyle Questionnaire, the determining authority is