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Special rules applying to some underlying payments

Document
Last amended 
16 December 2014

 

Special rules for service pension and age pension

Where a person's rate of service pension or age pension is nil, but would be greater than nil if the person had not elected to receive quarterly pension supplement, the person is taken to be receiving a rate greater than nil and is eligible for an energy supplement (ES).    

 

Special rules for disability pension and war widow/widower pension

Where a person's rate of disability pension or war widow/widower pension is nil, but would be greater than nil if the pension was not offset by other compensation received, the person is taken to be receiving a rate greater than nil and is eligible for an ES.    

 

Special rules for MRCA wholly dependent partner payment

Where a person's rate of MRCA wholly dependent partner payment is nil because the person has taken a lump sum, the person is eligible for an ES. However, if the person has since recovered damages from the Commonwealth or a potentially liable member through common law action, the person is not eligible for an ES.

If the person's rate of weekly compensation is nil, but would be greater than nil if damages received as a result of a successful common law claim being launched or taken over by the Military Rehabilitation and Compensation Commission (MRCC) were not deducted, the person is eligible for an ES.    

 

Special rules for MRCA special rate disability pension

To be eligible for an ES, a person must have elected to receive MRCA special rate disability pension (SRDP). A person who is SRDP eligible but has not elected to receive SRDP is not eligible for an ES.

If the rate of SRDP is nil, but would be greater than nil if the sum of any permanent impairment payment and any Commonwealth superannuation payable to the person was disregarded, the person is eligible for an ES.    

 

Special rules for MRCA permanent impairment payment

Where a person's rate of MRCA permanent impairment payment is nil because the person has taken a lump sum, the person is eligible for an ES.

If the rate of weekly compensation is nil, but would be greater than nil if damages received as a result of a successful claim being launched or taken over by the MRCC were not being deducted from the weekly compensation, the person is eligible for an ES.

If the rate of weekly compensation is nil, but would be greater than nil if compensation paid under the VEA or the SRCA was disregarded in working out the rate of weekly compensation, the person is eligible for an ES.    

 

 


 

Military Rehabilitation and Compensation Act 2004

Veterans' Entitlements Act 1986.

Safety, Rehabilitation and Compensation Act 1988