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Veterans' Entitlements (Income Support Supplement — Permanent Incapacity for Work) Determination 2015

Instrument 2015 No. R25

The REPATRIATION COMMISSION makes this Determination under subsection 45QA (1) of the Veterans' Entitlements Act 1986 (VEA).

Dated this 2nd day of  July   2015

              SEAL

Simon Lewis              Major General Craig Orme           Major General Mark Kelly
………………………………………………………………………………….………
SIMON LEWIS       MAJOR GENERAL CRAIG ORME    Major General Mark Kelly
                                                                                                      AO DSC
   PRESIDENT               DEPUTY PRESIDENT                   COMMISSIONER

Part 1: Preliminary

    1.1  Name of determination

    This Determination is the Veterans' Entitlements (Income Support Supplement – Permanent Incapacity for Work) Determination 2015.

    1.2  Commencement

    This Determination commences on the day after registration.

    1.3  Revocation

    The Veterans' Entitlements (Income Support Supplement – Permanent Incapacity for Work) Determination 1999 is revoked.

    Note: the revoked determination was made under section 45AA of the VEA.  Section 45AA was repealed by the Veterans' Entitlements Legislation Amendment (2007 Election Commitments) Act 2008 (2008 Act).  Item 6 of Schedule 2 of the 2008 Act provides:
     "A determination in force under section 45AA of the Veterans' Entitlements Act 1986 immediately before the commencement of this Schedule continues in force after that commencement as if it were a determination under section 45QA of that Act.".
     Accordingly the revoked determination is deemed to have been made under section 45QA of that Act and may be revoked under section 45QA.

    1.4  Purpose

    This Determination specifies the circumstances in which a person is permanently incapacitated for work for eligibility for an income support supplement under the VEA.

Part 2: Permanent Incapacity

    2.1   Circumstances of permanent incapacity

    (1) A person is permanently incapacitated for work for subparagraph                                           45Q(4)(c)(ii) of the VEA if:

           (a)         the person is permanently blind in both eyes; or

    (b) the person has a physical, intellectual or psychiatric                                                                         impairment that has the consequences mentioned in                                                                                                   subsection (2).

 (2) The consequences are:

    (a) the impairment, assessed under an Impairment Table in Part                             3 of  the Social Security (Tables for the Assessment of Work-                            related Impairment for Disability Support Pension)                                                         Determination 2011 in force from time to time, as if it were an                             impairment for that Table, has an impairment rating of 20                                           points or more; and

    (b) the Commission is satisfied, when determining a claim, that,                             solely because of the impairment, the person cannot do work                             of the kind mentioned in section 2.2 for the following 2 years.

    2.2  Kind of work for 2.1(2)(b)

    (1) For subparagraph 2.1(2)(b), the kind of work is work:

       (a) for at least 30 hours a week at award wages or above; and

       (b) that exists in Australia even if not, for a particular person, in                                                         the locally accessible labour market.