Document ID: chunk:federal_register_of_legislation:F2023C00151:reg:80:p2
Version: federal_register_of_legislation:F2023C00151
Segment Type: reg
Provision Reference: reg 80 (pt 2/5)
Character Range: 544857–547559

weekly amount payable under the Military Rehabilitation and Compensation Act 2004, the person may convert the entire amount to a lump sum.

If the convertible amount is at least 10% but not more than 20% of the maximum weekly amount payable under the Act then the person may convert 50% or 100% to a lump sum.

If the convertible amount is more than 20% of the maximum weekly amount payable under the Act then the person may convert 25%, 50%, 75% or 100% to a lump sum.

Chapter 25

    METHOD OF WORKING OUT THE AMOUNT OF
    COMPENSATION PAYABLE UNDER THE MRCA FOR A
    PERSON WITH A VEA OR SRCA INJURY OR DISEASE

This Chapter deals with situations where an injury or disease (the condition) has been accepted under the VEA and/or the SRCA before a claim is made under the MRCA.

Definitions

In this Chapter:

MRCA determination, in relation to a person, means the determination by the Commission of the degree of impairment suffered by the person as a result of a compensable condition under the Act.

MCRA accepted condition means the injury or disease for which the Commission has accepted liability under section 23 of the Act.

MRCA compensation payment means the payment worked out under this Chapter for a person with a MRCA condition and a SRCA condition and/or a VEA condition.

MRCA PI, means MRCA Permanent Impairment.

MRCA Permanent Impairment, in relation to a person, means the person's impairment for which compensation is payable under Chapter 4 of Part 2 of the Act.

SRCA accepted condition, in relation to a person, means the person's injury for which Comcare is liable to pay compensation under the Safety, Rehabilitation and Compensation Act 1988 (SRCA).

Note (1): under s.5A of the SRCA "injury" includes "disease".
Note (2): under s147 of the SRCA, for defence-related claims Comcare means the Military Rehabilitation and Compensation Commission.

VEA accepted condition, in relation to a person, means the person's incapacity from an injury or disease that the Repatriation Commission has determined under section 19 of the Veterans' Entitlements Act 1986 (including as affected by section 71 of that Act) entitles the person to be granted a pension.

VEA percentage means the amount payable under the VEA for the conditions referred to in Step 1 as at the date of the MRCA claim expressed as a percentage of the General Rate at that date.

The method to assess the total amount of MRCA PI compensation payable 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