Document ID: chunk:federal_register_of_legislation:C2004A03129:schedule:2:p1
Version: federal_register_of_legislation:C2004A03129
Segment Type: schedule
Provision Reference: sch 2 (pt 1/3)
Character Range: 31451–34079

Schedule 2
34. (1) Schedule 2 to the Principal Act is amended by omitting the first and second paragraphs and substituting the following paragraphs:

"The special rate of pension may be granted to—
    (a) a member of the Forces who has been blinded as a result of war service; and
    (b) any other member of the Forces if—
        (i) the other member is in receipt of, or is eligible to receive, a general rate pension at the rate specified in column 3 of the table in Schedule 1;
        (ii) the other member is totally and permanently incapacitated, that is to say, the member's incapacity from injury or disease that has been accepted as related to the member's relevant war service is of such a nature as, of itself alone, to render the member incapable of undertaking remunerative work for periods aggregating more than 8 hours per week; and
        (iii) the other member is, by reason of incapacity from that injury or disease alone, prevented from continuing to undertake remunerative work that the member was undertaking and is, by reason thereof, suffering a loss of salary or wages, or of earnings on his or her own account, that the member would not be suffering if the member were free of that incapacity.
"For the purpose of the last preceding paragraph—
    (a) a member of the Forces who is incapacitated from injury or disease that has been accepted as related to the member's relevant war service shall not be taken to be suffering a loss of salary or wages, or of earnings on his or her own account, by reason of that incapacity if—
        (i) the member has ceased to engage in remunerative work for reasons other than his or her incapacity from that injury or disease; or
        (ii) the member is incapacitated, or prevented, from engaging in remunerative work for some other reason; and
    (b) where a member of the Forces, not being a member who has attained the age of 65 years, who has not been engaged in remunerative work satisfies the Commission that he or she has been genuinely seeking to engage in remunerative work, that he or she would, but for that incapacity, be continuing so to seek to engage in remunerative work and that that incapacity is a substantial cause of his or her inability to obtain remunerative work in which to engage, the member shall be treated as having been prevented by reason of that incapacity from continuing to undertake remunerative work that the member was undertaking.
"In determining whether a member of the Forces who is incapacitated from injury or disease is incapable of undertaking remunerative work, the Commission shall have regard to the following