Document ID: chunk:federal_register_of_legislation:C2024C00866:section:108:p4
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 108 (pt 4/5)
Character Range: 1448604–1451157

way of gratuity or other payment in respect of the relevant loss of remuneration suffered by the veteran in respect of the relevant period; and
 (iv) the amount (if any) that the veteran receives, or is entitled to receive, in respect of the relevant loss of remuneration suffered by the veteran in respect of the relevant period, under a contract, arrangement or agreement (including a contract of insurance), whether or not the veteran is a party to the contract, arrangement or agreement, but not being an amount of a kind referred to in subparagraph (ii) or (iii);
whichever is the lesser amount.
 (9) The amount of loss of earnings allowance payable to a person by virtue of subsection (3) in respect of a period is:
 (a) the amount that would be payable to the person in respect of the period in accordance with paragraph (8)(b) if the person were a veteran who was entitled to be paid that allowance by virtue of subsection (2); or
 (b) the amount that would be payable to the person in respect of the period by way of pension under Part II if the person were eligible to be paid a pension under that Part, section 24 applied to the person and section 26, 30C or 30D did not apply to the person;
whichever is the lesser amount.
 (10) The amount of loss of earnings allowance payable to a person by virtue of subsection (4) in respect of a period is such amount as the Commission considers reasonable in all the circumstances but not exceeding the amount that the person would have earned, or could reasonably be expected to have earned, in the period by way of salary and wages, or earnings on his or her own account.
 (11) Loss of earnings allowance is not payable to a person under this section unless the person furnishes to the Commission such information (including certificates of medical practitioners or other persons) as is required by the regulations to be so furnished.
 (12) In this section:
leave of absence on account of illness, in relation to a veteran who is an employee of another person, means leave of absence from the veteran's employment granted to the veteran without loss of earnings by reason of any illness or incapacity or treatment provided for an illness or incapacity.
year, in relation to a veteran who is an employee of another person, means the period of 12 months that commenced on the date on which, under his or her terms and conditions of employment, the veteran was last credited, or last notionally credited, with a period by way of sick leave (however described).
Note: If section 25A applies to a veteran,