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32.3.7 Client moves to area of low employment

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In some cases, a client who otherwise has an ability to earn in suitable employment will move to an area of low employment opportunities for personal or lifestyle reasons and due to the lack of employment opportunities is not able to obtain employment. In such cases, the Delegate must look to the reason that the client suffers a loss: is it because of the effects of the compensable condition or is it due to their personal choice to move to an area of low employment opportunities? In the latter case, the client should be deemed with a partial or total AE depending on the extent to which he or she would otherwise have been able to earn.

Such deeming should also be applied in cases where the member has elected to discharge to an area with low employment opportunities. The same test must be applied: is the loss due to the effects of the compensable condition or is it due to a personal choice to move to an area of low employment opportunities?

An exception to this rule exists where the discharging member has maintained a family home in the area and returns at time of discharge to that family home.

Note that it is not sufficient that the member simply has family in the area.

See also 20.18 which also deals with this issue in some detail.