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Last amended: Invalidity service pension pre 1/1/2000 - definition of permanently incapacitated

    

The definition of permanently incapacitated, for service pension purposes, changed on 1/1/2000. Prior to this date a person was considered to be permanently incapacitated for work if:

  • the person was permanently blind in both eyes, or
  • the degree of permanent incapacity was 85% or more.

Cases prior to 1/1/2000 did not require a GARP assessment, or that a determination be made in relation to the number of hours worked. This former standard of permanently incapacitated still applies to all recipients of invalidity service pension (and those who had submitted a claim) prior to 1/1/2000. Any reviews of continuing invalidity service pension entitlement for a veteran whose original determination predates 1/1/2000 must still be determined under the pre 1/1/2000 rules.

Invalidity service pension post 1/1/2000 - definition of permanently incapacitated

    

For service pension purposes a person is taken to be permanently incapacitated for work if:    

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Legislation Library - ISP – Permanent Incapacity for Work Determination 1999

Determination in respect to Service Pension

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  • solely because of the incapacity, the person is permanently unable to work for periods adding up to more than 8 hours per weeks, and
  • the Repatriation Commission regards the incapacity as permanent.    
Invalidity ISS pre 1/1/2000 - definition of permanently incapacitated

    

The definition of permanently incapacitated, for invalidity ISS purposes, changed on 1/1/2000. The pre 1/1/2000 test of permanent incapacity is the same as for invalidity service pension. Prior to this date a person was considered to be permanently incapacitated for work if the:

  • person was permanently blind in both eyes, or
  • the degree of permanent incapacity was 85% or more.

The same savings provisions that apply to invalidity service pension will apply for invalidity ISS recipients who had received, or who had claimed, invalidity ISS prior to this date.

Invalidity ISS post 1/1/2000 - definition of permanently incapacitated

    

For income support supplement purposes a person is taken to be permanently incapacitated for work if:    

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Legislation Library - ISS – Permanent Incapacity for Work Determination 1999

Determination in respect to Income Support Supplement

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Duration of incapacity

Invalidity service pension is only intended to be granted to people with permanent disabilities. It should not be granted on a short-term or interim basis as more appropriate Australian Government Assistance Schemes are available to persons with short-term disabilities.  For invalidity ISS purposes 'permanent' means for at least the next 2 years.

Persons automatically considered to be permanently incapacitated

In certain situations a person may be regarded as permanently incapacitated without the need for a medical assessment. These situations require no further investigation and the person can be automatically considered to be permanently incapacitated.    

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Persons automatically considered to be permanently incapacitated

Section 3.6.3 Persons Automatically Considered to be Permanently Incapacitated

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Other claimants

A person will be considered to have a permanent incapacity for work for pension purposes if they are prevented from permanently obtaining and retaining employment due to physical, intellectual and/or psychiatric impairment from all disabilities (whether accepted or not).


A person may be regarded as permanently blind in both eyes where:

  • there is a total loss of sight; or
  • visual acuity after correction with suitable lenses is less than 6/60 in both eyes on the Snellen Scale; or
  • where, in the written opinion of an ophthalmologist, the visual field deficits and/or combination of deficits results in a visual impairment which is the equivalent of a corrected visual acuity measure of less than 6/60 in both eyes.

The Commission Guideline CM5829: Determining 'permanently blind', 'no useful sight' and 'blinded in both eyes' may be instructive in making a blinded/blindness determination.

 

Guide to the Assessment of Rates of Veterans' Pensions.

A person may be regarded as permanently blind in both eyes where:

  • there is a total loss of sight; or
  • visual acuity after correction with suitable lenses is less than 6/60 in both eyes on the Snellen Scale; or
  • where, in the written opinion of an ophthalmologist, the visual field deficits and/or combination of deficits results in a visual impairment which is the equivalent of a corrected visual acuity measure of less than 6/60 in both eyes.

The Commission Guideline CM5829: Determining 'permanently blind', 'no useful sight' and 'blinded in both eyes' may be instructive in making a blinded/blindness determination.

 

According to subsection 5D(2), incapacity from a war or defence-caused disease or injury is a reference to the effects of that injury or disease, and not a reference to the injury or disease itself.

A person may be regarded as permanently blind in both eyes where:

  • there is a total loss of sight; or
  • visual acuity after correction with suitable lenses is less than 6/60 in both eyes on the Snellen Scale; or
  • where, in the written opinion of an ophthalmologist, the visual field deficits and/or combination of deficits results in a visual impairment which is the equivalent of a corrected visual acuity measure of less than 6/60 in both eyes.

The Commission Guideline CM5829: Determining 'permanently blind', 'no useful sight' and 'blinded in both eyes' may be instructive in making a blinded/blindness determination.

 

A service pension is an income support payment broadly equivalent to the social security age and disability support pensions. It may be paid once a veteran or partner has reached the nominated age or is incapacitated for work.