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20.11 The applicant for Incapacity is also TPI for the VEA

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Clients with an injury for which liability has been accepted under the SRCA may also have a claim or claims for a Disability Pension under the VEA. The relationship between an ordinary Disability Pension (under the VEA) and weekly 'Incapacity Payments' (under the SRCA) can be summarised as follows.

  • Basically, ordinary VEA pensions and SRCA payments are awarded on different criteria, 'incapacity for work' and 'disability' does not mean the same thing.
  • As a result, for most cases where the VEA and SRCA are compensating different injuries and the client is not TPI, there is no effect.
  • However, where both Acts are compensating the same injury, the VEA Disability Pension is 'limited' (i.e. reduced or ceased) to offset the SRCA payments.

Nevertheless, and as a special case, a veteran under the VEA may receive a Special Rate of pension on the basis that he/she is Totally and Permanently Incapacitated (TPI). In this case, both the VEA pension and the SRCA weekly payments are being made on the same basis, i.e. an incapacity for work. The effect of a VEA TPI pension on the SRCA entitlement to incapacity payments is thus: