Document ID: chunk:federal_register_of_legislation:C2004A03129:schedule:1:p2
Version: federal_register_of_legislation:C2004A03129
Segment Type: schedule
Provision Reference: sch 1 (pt 2/2)
Character Range: 29243–31449

that work for 50 per centum or more of the time (excluding

    overtime) ordinarily worked by persons engaged in work of that kind on a full-time basis; or
    (b) in a case where sub-paragraph (a) is inapplicable to the work which the member is undertaking, or is capable of undertaking—if the member is undertaking, or is capable of undertaking, that work for 20 or more hours per week.
"8. For the purpose of sub-paragraph 6 (c)—
    (a) a member of the Forces who is incapacitated from injury or disease that has been accepted as related to the relevant war service of the member to the extent set out in sub-paragraph 6 (b) 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—
        (i) if the member has ceased to engage in remunerative work for reasons other than his or her incapacity from that injury or disease;
        (ii) if the member is incapacitated, or prevented, from engaging in remunerative work for some other reason; or
        (iii) if the member has been engaged in remunerative work on a part-time basis or intermittently for reasons other than his or her incapacity from that injury or disease; 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 the 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.
"9. For the purposes of this Schedule—
    (a) 'remunerative work' has the same meaning as it has in Schedule 2; and
    (b) the question whether a member of the Forces who is incapacitated from injury or disease is incapable of undertaking remunerative work shall be decided in the same manner as that question is required to be decided for the purposes of Schedule 2.".