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2.7 Deeming a Client Able To Earn
The MRCC's policy on the application of the deeming provisions contained in subsection 19(4) of the DRCA and subsection 181(5) of the MRCA is outlined in the Protocols of Rehabilitation under the MRCA available in section 1.4.2 of the Rehabilitation Policy Library. They are equally applicable to our administration of the DRCA rehabilitation provisions.
In particular, Principle 28 states: "If the person can show genuine yet unsuccessful attempts to obtain employment they will not be “deemed” when suitable employment is not possible."
Accordingly, DVA should continue to assist a person to find suitable work, through an active rehabilitation program, for as long as a person continues to demonstrate a commitment to the job seeking phase of their rehabilitation program.
According to section 363 of the MRCA, the Commission is a body corporate under the name of the Military Rehabilitation and Compensation Commission.