Document ID: chunk:federal_register_of_legislation:F2021C00347:reg:14
Version: federal_register_of_legislation:F2021C00347
Segment Type: reg
Provision Reference: reg 14
Character Range: 21813–23918

14  Normal and actual earnings—incapacitated declared member undertaking career transition assistance
 (1) For the purposes of section 116 of the Act, this section applies to an incapacitated declared member who:
 (a) for a week referred to in this section, was incapacitated for either or both service or work as a result of a service injury or disease; and
 (b) was a declared member when the service injury was sustained or the service disease was contracted; and
 (c) was undertaking a period of career transition assistance at the time of the incapacity.

Member has not been discharged
 (2) The normal earnings for a week for a member to whom this section applies, and who has not been discharged, is the amount worked out by treating the member as if the member were:
 (a) a Permanent Forces member or continuous full‑time reservist mentioned in section 91 of the Act; and
 (b) incapacitated for service.
 (3) The actual earnings for a week for a member to whom this section applies, and who has not been discharged, is the amount worked out by treating the member as if the member were:
 (a) a Permanent Forces member or continuous full‑time reservist mentioned in section 92 of the Act; and
 (b) incapacitated for service.

Member has been discharged
 (4) The normal earnings for a week for a member to whom this section applies, and who has been discharged, is the amount worked out by treating the member as if the member were a person mentioned in section 104 of the Act who was a Permanent Forces member immediately before completing the member's last period of full‑time service.
 (5) The actual earnings for a week for a member to whom this section applies, and who has been discharged, is the amount worked out by treating the member as if the member were a person mentioned in section 105 of the Act, and who is incapacitated for service.
Note: For subsections (4) and (5)—a person who has been discharged from the Permanent Forces or the Reserves remains a declared member while undertaking career transition assistance.

Division 2—Working out compensation for former declared members