13.02 Investigating eligibility for Special Rate Disability Pension

A former member is eligible to make a choice to receive a SRDP if the delegate is satisfied the following criteria in subsection 199(1) of the MRCA are met:

  1. as a result of one or more service conditions (refer to Incapacity Policy Manual), the former member
    1. is receiving incapacity payments; or
    2. would be receiving incapacity payments if the amount of his or her compensation calculated under section 126 was greater than nil; or
    3. has converted his or her incapacity payments to a lump sum under section 138;
  2. the former member has suffered an impairment that is likely to continue indefinitely (refer to Chapter 5 Permanent Impairment);
  3. the former member is not age pension age or older (or the individual is age pension age or older but section 121 of the MRCA applies);
  4. the former member's impairment constitutes at least 50 points (refer to Chapter 5 Permanent Impairment);
  5. the former member is unable to undertake remunerative work for more than 10 hours per week, and rehabilitation is unlikely to increase the person's capacity to undertake remunerative work.

Section 199 (d) does not require an accepted condition is the sole reason for inability to work greater than 10 hours per week (i.e. there is no 'alone test').

The assessment of a person's eligibility for SRDP can be initiated by a delegate or by a person making a request for assessment of their SRDP eligibility.

Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-13-special-rate-disability-pension/1302-investigating-eligibility-special-rate-disability-pension

Last amended

Clarification of the meaning of section 199(1)(d)

A former member is eligible to make a choice to receive a SRDP if the delegate is satisfied the following criteria in subsection 199(1) of the MRCA are met:

  1. as a result of one or more service conditions (refer to Incapacity Policy Manual), the former member
    1. is receiving incapacity payments; or
    2. would be receiving incapacity payments if the amount of his or her compensation calculated under section 126 was greater than nil; or
    3. has converted his or her incapacity payments to a lump sum under section 138;
  2. the former member has suffered an impairment that is likely to continue indefinitely (refer to Chapter 5 Permanent Impairment);
  3. the former member is not age pension age or older (or the individual is age pension age or older but section 121 of the MRCA applies);
  4. the former member's impairment constitutes at least 50 points (refer to Chapter 5 Permanent Impairment);
  5. the former member is unable to undertake remunerative work for more than 10 hours per week, and rehabilitation is unlikely to increase the person's capacity to undertake remunerative work.

Section 199 (d) does not require an accepted condition is the sole reason for inability to work greater than 10 hours per week (i.e. there is no 'alone test').

The assessment of a person's eligibility for SRDP can be initiated by a delegate or by a person making a request for assessment of their SRDP eligibility.

Source URL: https://clik.dva.gov.au/node/86867

Investigating whether a person meets criteria (d)

A former member is eligible to make a choice to receive a SRDP if the delegate is satisfied the following criteria in subsection 199(1) of the MRCA are met:

  1. as a result of one or more service conditions (refer to Incapacity Policy Manual), the former member
    1. is receiving incapacity payments; or
    2. would be receiving incapacity payments if the amount of his or her compensation calculated under section 126 was greater than nil; or
    3. has converted his or her incapacity payments to a lump sum under section 138;
  2. the former member has suffered an impairment that is likely to continue indefinitely (refer to Chapter 5 Permanent Impairment);
  3. the former member is not age pension age or older (or the individual is age pension age or older but section 121 of the MRCA applies);
  4. the former member's impairment constitutes at least 50 points (refer to Chapter 5 Permanent Impairment);
  5. the former member is unable to undertake remunerative work for more than 10 hours per week, and rehabilitation is unlikely to increase the person's capacity to undertake remunerative work.

Section 199 (d) does not require an accepted condition is the sole reason for inability to work greater than 10 hours per week (i.e. there is no 'alone test').

The assessment of a person's eligibility for SRDP can be initiated by a delegate or by a person making a request for assessment of their SRDP eligibility.

Source URL: https://clik.dva.gov.au/node/86869

Example 1

A former member is eligible to make a choice to receive a SRDP if the delegate is satisfied the following criteria in subsection 199(1) of the MRCA are met:

  1. as a result of one or more service conditions (refer to Incapacity Policy Manual), the former member
    1. is receiving incapacity payments; or
    2. would be receiving incapacity payments if the amount of his or her compensation calculated under section 126 was greater than nil; or
    3. has converted his or her incapacity payments to a lump sum under section 138;
  2. the former member has suffered an impairment that is likely to continue indefinitely (refer to Chapter 5 Permanent Impairment);
  3. the former member is not age pension age or older (or the individual is age pension age or older but section 121 of the MRCA applies);
  4. the former member's impairment constitutes at least 50 points (refer to Chapter 5 Permanent Impairment);
  5. the former member is unable to undertake remunerative work for more than 10 hours per week, and rehabilitation is unlikely to increase the person's capacity to undertake remunerative work.

Section 199 (d) does not require an accepted condition is the sole reason for inability to work greater than 10 hours per week (i.e. there is no 'alone test').

The assessment of a person's eligibility for SRDP can be initiated by a delegate or by a person making a request for assessment of their SRDP eligibility.

Source URL: https://clik.dva.gov.au/node/86871