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Loss of Earnings Allowance

Legislative Authority

Veterans' Entitlements Act 1986
Section 108

 

Stated Current Purpose/Intent

To compensate an eligible veteran, member of the Forces, member of a Peacekeeping Force or Australian mariner, or his or her authorised attendant, authorised representative or personal legal representative, for the loss of salary, wages or earnings, due to the investigation of a claim for, or treatment of, a war-caused or defence-caused injury or disease.

 

Current Eligibility Criteria

An eligible veteran, member of the Forces, member of a Peacekeeping Force or Australian mariner, must be engaged in an occupation and have lost salary, wages or earnings, on his or her own account by reason of:

  • undergoing treatment for an accepted disability;
  • waiting for an artificial limb or surgical aid for an accepted disability; or
  • investigation of or treatment related to the investigation of a claim for a disability pension.

 

An authorised attendant, authorised representative or personal legal representative, must be engaged in an occupation and have lost salary, wages or earnings, on his or her own account by assisting a claimant:

  • with the investigation of his or her claim; or
  • (for an authorised attendant only) to obtain treatment.

 

Time Limit

The time limit, prescribed in section 112(2) of the VEA, is "within 12 months of the commencement of the relevant period".

 

Date of Introduction

1 November 1978

 

Original Purpose/Intent

The intentions of sustenance allowance as they evolved after World War I formed the basis for loss of earnings allowance and temporary incapacity allowance.

 

Significant Changes in Criteria or Purpose Since Introduction

1949

The Independent Enquiry into the Repatriation System by Mr. Justice P.B.Toose (1975), page 581 - states that an allowance for loss of earnings was introduced in 1949.  However, this was the rather minor 'attendance allowance' paid under Repatriation Regulation 74A for certain absences from work of less than one day for which sustenance allowance was not available.

1978

The creation of loss of earnings allowance introduced a significant change from sustenance allowance in that the veteran had to have actually lost wages, salary, or earnings.

1994

From 1 July 1994 the SWPA Act and Regulations were repealed and Australian mariners became eligible under the VEA on the same basis as veterans.

2006

The standards used to determine blindness under the VEA were brought into line with those used by Department of Human Services and other government agencies.  This meant that the blindness standards for a veterans to be classified as permanently blind changed from a visual acuity of less than or equal to 3/60 in both eyes to a visual acuity of less than or equal to 6/60 in both eyes.