Document ID: chunk:federal_register_of_legislation:F2023C00151:reg:80:p3
Version: federal_register_of_legislation:F2023C00151
Segment Type: reg
Provision Reference: reg 80 (pt 3/5)
Character Range: 547305–550105

under the MRCA is as follows:

              Step (1) Use GARP M to assess, as at the date of the MRCA determination the combined effect of :

              (a) all MRCA accepted conditions; and

              (b) any VEA accepted conditions and any SRCA accepted conditions which were accepted conditions on the date the person claimed MRCA PI;

          to work out the resulting compensation that would notionally be payable under MRCA.

              Step (2) Assess whether, under this Guide, the MRCA accepted condition contributes at least five impairment points to the overall impairment rating:

              (a) if the MRCA accepted condition contributes at least five impairment points to the overall impairment rating, compensation for that condition may be payable and the process continues to Step (3); or

              (b) if the MRCA accepted condition does not contribute at least five impairment points then the claim is rejected.

             Step (3) If compensation may be payable, work out the amount of compensation that would be payable under the MRCA for the VEA and/or SRCA accepted conditions referred to in Step 1 as at the date of the MRCA determination, using GARP M, as if those conditions were compensable under the MRCA.

             Step (4) Reduce the amount worked out under Step (1) by the amount worked out under Step (3).

             Step (5) The amount worked out at Step (4) is the amount payable under the MRCA subject to the proviso in Step (6).

       Step (6) The amount payable cannot take the total sum of:

                  (a) the amount worked out under Step (4); and

                  (b) the amount worked out by using the VEA percentage to calculate the notional equivalent amount of pension under Part II or IV of the VEA payable using the General Rate payable at the date of the determination; and

                  (c) SRCA section  24, 25 and 27 lump sum amounts paid for the SRCA conditions referred to in Step 1 (the SRCA payments being converted as set out below);

              above the maximum weekly payment of MRCA Permanent Impairment) at the date of the determination. If the proviso applies go to Step (7).

              Step (7) If the proviso in Step (6) applies the MRCA compensation payment is worked out as follows:

                  (a) excess MRCA PI equals the amount worked out in Step 6(b) plus SRCA section 24, 25 and 27 lump sums converted to periodic payments plus Step (4) amount minus maximum MRCA PI rate.

                  (b) amount of weekly MRCA PI payable is equal to Step (4) amount minus excess PI under (a).

Conversion of SRCA lump sums

In order to work out the net MRCA periodic payment for Step (7), lump sums paid to the person under SRCA sections 24, 25 and 27 that a person has received