Section 24 and s 23 contain a series of tests that must be satisfied before Special Rate or Intermediate Rate pensions can be granted respectively. The concept behind the tests is straightforward, namely that:
incapacity from accepted conditions must be determined under s 21A of the VEA to be at least 70%
incapacity from accepted conditions (which must be total and permanent in the case of Special Rate) must have prevented a veteran from:
in the case of veteransunder 65 years of age- undertaking their normal remunerative work or any other type of remunerative work to beyond the relevant Intermediate Rate and Special Rate work thresholds; or
in the case of veteransaged 65 years or over– undertaking theirlast paidwork; and
these accepted conditions and not other factors, are the reasons preventing the veteran from working in remunerative employment they would otherwise be undertaking (or in thelast paid workfor veterans aged 65 years or over), thus causing a loss of remuneration that the veteran would not otherwise be suffering.
Note that if a veteran is blinded in both eyes as a result of their service, the Special Rate pension will be granted without the above tests needing to be met.
The flowcharts at Attachment Aare intended as step-by-step guide outlining the appropriate consideration process for Above General Rate pension determinations.
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