Document ID: chunk:federal_register_of_legislation:F2021C00347:reg:13
Version: federal_register_of_legislation:F2021C00347
Segment Type: reg
Provision Reference: reg 13
Character Range: 19842–21813

13  Normal and actual earnings—declared member not engaged in civilian work at time of incapacity and not undertaking career transition assistance
 (1) For the purposes of section 116 of the Act, this section applies to a 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 not engaged in paid civilian work at the time of the member's incapacity, and is not undertaking a period of career transition assistance.
 (2) The member's normal earnings for a week is the amount worked out by:
 (a) treating the member as if the member were an incapacitated Reservist mentioned in section 94 of the Act; and
 (b) assuming, for the application of section 95 of the Act, that the member would have a civilian component of:
 (i) if subsection (3) of this section applies—an amount determined by the Commission, having regard to the member's qualifications, skills and experience; or
 (ii) otherwise—nil.
 (3) For the purposes of subparagraph (2)(b)(i), this subsection applies if:
 (a) the member is aged 16 years or over; and
 (b) the member is unable to continue full‑time studies or enter the workforce as a result of the incapacity; and
 (c) the member has undertaken a rehabilitation assessment; and
 (d) the member:
 (i) has undertaken a rehabilitation program; or
 (ii) is undertaking a rehabilitation program; or
 (iii) is not currently fit to undertake a rehabilitation program; or
 (iv) is assessed as not requiring a rehabilitation program.
 (4) The member's actual earnings for a week is the amount worked out by:
 (a) treating the member as an incapacitated Reservist mentioned in section 94 of the Act; and
 (b) working out the amount that would be the member's actual civilian earnings if the member were an incapacitated Reservist.