Document ID: chunk:federal_register_of_legislation:F2016L01701:reg:11
Version: federal_register_of_legislation:F2016L01701
Segment Type: reg
Provision Reference: reg 11
Character Range: 9083–10274

11  Rates of pension—general
 (1) For subsection 5(1) of the Act, the fortnightly rate of a pension payable to a person is as follows:
 (a) if the pension is payable for a deceased member—the rate specified for the person in Table A of Schedule 1 (indexed in accordance with section 14);
 (b) if the pension is payable for a member who is totally incapacitated—the rate specified in Table B of Schedule 1 (indexed in accordance with section 14) (the total incapacity rate);
 (c) if the pension is payable for a member who is partially incapacitated:
 (i) for a kind of incapacity mentioned in Schedule 2—the rate worked out by applying the percentage mentioned in Schedule 2 for the kind of incapacity to the total incapacity rate; or
 (ii) for another kind of incapacity—the percentage of the total incapacity rate determined by the Minister under subsection (2).
 (2) The Minister may, by written instrument, determine a percentage for subparagraph (1)(c)(ii), having regard to:
 (a) the nature of the member's incapacity; and
 (b) the duration of the member's incapacity; and
 (c) the percentages of the total incapacity rate for the kinds of partial incapacity mentioned in Schedule 2.