CM6882 - Special Rate and Intermediate Rate of Pension | Compensation and Support Reference Library, Commission Guidelines

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CM6882 - Special Rate and Intermediate Rate of Pension

Document

Approved by the Commission on 19 March 2013

REPATRIATION COMMISSION GUIDELINES

These Guidelines replace CM5011 of 1998 and include instruction on both Special Rate and  Intermediate Rate of pension determinations as at 19 March 2013.

These Guidelines are not directives and should not be used as a substitute for the proper application of the law and judicial precedent to the particular circumstances of each case.

The Guidelines set out the Repatriation Commission's position on the legislation concerning the Special Rate of pension in s 24 of the Veterans' Entitlements Act 1986 (the VEA) and the Intermediate Rate of pension in s 23 of the VEA. They are based on the words of the legislation and the interpretation given to them in the Courts.

One Page Guide

A brief guide can be viewed here

The full Guidelines consist of:

Part One - Overview

Part Two - Cases where the veteran is under age 65

Part Three - Cases where the veteran is age 65 or over

Attachment A - Decision tree for AGR consideration

Attachment B - The Work Capacity Test: Application of 24(1)(b) and 28(a)

Attachment C - Application of the Work History Test for Veterans Under Age 65

Attachment D - Extracts from Cases about Classification of Types of Work