30.4 Incapacity payments for periods under 71 and 30 Acts
Injuries prior to the commencement of the SRCA may result in periods of incapacity for work, both prior to and following, the advent of that Act (i.e. on 1 December 1988).
In practice, delegates will only rarely be required to calculate compensation for pre-1988 periods of incapacity. Nevertheless, it is still open for a client to claim compensation for such a period and from time to time a client may demonstrate a retrospective entitlement under an old Act.
Where a period of incapacity occurs prior to the commencement of the SRCA, S124(7) of that Act requires that the amount payable under the SRCA be the same as would be payable had the old Act not been repealed. In other words, periods of incapacity are paid in accordance with the requirements of that Act which was in force during the period of incapacity.
This matter is discussed at greater length in Parts 11.5 and 11.6
Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/incapacity-handbook/ch-30-determining-rate-compensation-incapacity/304-incapacity-payments-periods-under-71-and-30-acts
30.4.1 The 1971 Act - General Summary
Injuries prior to the commencement of the SRCA may result in periods of incapacity for work, both prior to and following, the advent of that Act (i.e. on 1 December 1988).
In practice, delegates will only rarely be required to calculate compensation for pre-1988 periods of incapacity. Nevertheless, it is still open for a client to claim compensation for such a period and from time to time a client may demonstrate a retrospective entitlement under an old Act.
Where a period of incapacity occurs prior to the commencement of the SRCA, S124(7) of that Act requires that the amount payable under the SRCA be the same as would be payable had the old Act not been repealed. In other words, periods of incapacity are paid in accordance with the requirements of that Act which was in force during the period of incapacity.
This matter is discussed at greater length in Parts 11.5 and 11.6
Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/incapacity-handbook/ch-30-determining-rate-compensation-incapacity/304-incapacity-payments-periods-under-71-and-30-acts/3041-1971-act-general-summary
30.4.2 1971 Act - Average Weekly Earnings (AWE) under the 1971 Act
Injuries prior to the commencement of the SRCA may result in periods of incapacity for work, both prior to and following, the advent of that Act (i.e. on 1 December 1988).
In practice, delegates will only rarely be required to calculate compensation for pre-1988 periods of incapacity. Nevertheless, it is still open for a client to claim compensation for such a period and from time to time a client may demonstrate a retrospective entitlement under an old Act.
Where a period of incapacity occurs prior to the commencement of the SRCA, S124(7) of that Act requires that the amount payable under the SRCA be the same as would be payable had the old Act not been repealed. In other words, periods of incapacity are paid in accordance with the requirements of that Act which was in force during the period of incapacity.
This matter is discussed at greater length in Parts 11.5 and 11.6
Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/incapacity-handbook/ch-30-determining-rate-compensation-incapacity/304-incapacity-payments-periods-under-71-and-30-acts/3042-1971-act-average-weekly-earnings-awe-under-1971-act
30.4.3 1971 Act - 'prescribed' persons and children for S45 and 46 purposes
Injuries prior to the commencement of the SRCA may result in periods of incapacity for work, both prior to and following, the advent of that Act (i.e. on 1 December 1988).
In practice, delegates will only rarely be required to calculate compensation for pre-1988 periods of incapacity. Nevertheless, it is still open for a client to claim compensation for such a period and from time to time a client may demonstrate a retrospective entitlement under an old Act.
Where a period of incapacity occurs prior to the commencement of the SRCA, S124(7) of that Act requires that the amount payable under the SRCA be the same as would be payable had the old Act not been repealed. In other words, periods of incapacity are paid in accordance with the requirements of that Act which was in force during the period of incapacity.
This matter is discussed at greater length in Parts 11.5 and 11.6
Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/incapacity-handbook/ch-30-determining-rate-compensation-incapacity/304-incapacity-payments-periods-under-71-and-30-acts/3043-1971-act-prescribed-persons-and-children-s45-and-46-purposes
30.4.4 1971 Act - client wholly incapacitated and had no superannuation
Injuries prior to the commencement of the SRCA may result in periods of incapacity for work, both prior to and following, the advent of that Act (i.e. on 1 December 1988).
In practice, delegates will only rarely be required to calculate compensation for pre-1988 periods of incapacity. Nevertheless, it is still open for a client to claim compensation for such a period and from time to time a client may demonstrate a retrospective entitlement under an old Act.
Where a period of incapacity occurs prior to the commencement of the SRCA, S124(7) of that Act requires that the amount payable under the SRCA be the same as would be payable had the old Act not been repealed. In other words, periods of incapacity are paid in accordance with the requirements of that Act which was in force during the period of incapacity.
This matter is discussed at greater length in Parts 11.5 and 11.6
Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/incapacity-handbook/ch-30-determining-rate-compensation-incapacity/304-incapacity-payments-periods-under-71-and-30-acts/3044-1971-act-client-wholly-incapacitated-and-had-no-superannuation
30.4.5 1971 Act - client wholly incapacitated and received superannuation pension
Injuries prior to the commencement of the SRCA may result in periods of incapacity for work, both prior to and following, the advent of that Act (i.e. on 1 December 1988).
In practice, delegates will only rarely be required to calculate compensation for pre-1988 periods of incapacity. Nevertheless, it is still open for a client to claim compensation for such a period and from time to time a client may demonstrate a retrospective entitlement under an old Act.
Where a period of incapacity occurs prior to the commencement of the SRCA, S124(7) of that Act requires that the amount payable under the SRCA be the same as would be payable had the old Act not been repealed. In other words, periods of incapacity are paid in accordance with the requirements of that Act which was in force during the period of incapacity.
This matter is discussed at greater length in Parts 11.5 and 11.6
Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/incapacity-handbook/ch-30-determining-rate-compensation-incapacity/304-incapacity-payments-periods-under-71-and-30-acts/3045-1971-act-client-wholly-incapacitated-and-received-superannuation-pension
30.4.6 1971 Act - client partly incapacitated and was not in receipt of super
Injuries prior to the commencement of the SRCA may result in periods of incapacity for work, both prior to and following, the advent of that Act (i.e. on 1 December 1988).
In practice, delegates will only rarely be required to calculate compensation for pre-1988 periods of incapacity. Nevertheless, it is still open for a client to claim compensation for such a period and from time to time a client may demonstrate a retrospective entitlement under an old Act.
Where a period of incapacity occurs prior to the commencement of the SRCA, S124(7) of that Act requires that the amount payable under the SRCA be the same as would be payable had the old Act not been repealed. In other words, periods of incapacity are paid in accordance with the requirements of that Act which was in force during the period of incapacity.
This matter is discussed at greater length in Parts 11.5 and 11.6
Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/incapacity-handbook/ch-30-determining-rate-compensation-incapacity/304-incapacity-payments-periods-under-71-and-30-acts/3046-1971-act-client-partly-incapacitated-and-was-not-receipt-super
30.4.7 1971 Act - client partly incapacitated and was in receipt of superannuation
Injuries prior to the commencement of the SRCA may result in periods of incapacity for work, both prior to and following, the advent of that Act (i.e. on 1 December 1988).
In practice, delegates will only rarely be required to calculate compensation for pre-1988 periods of incapacity. Nevertheless, it is still open for a client to claim compensation for such a period and from time to time a client may demonstrate a retrospective entitlement under an old Act.
Where a period of incapacity occurs prior to the commencement of the SRCA, S124(7) of that Act requires that the amount payable under the SRCA be the same as would be payable had the old Act not been repealed. In other words, periods of incapacity are paid in accordance with the requirements of that Act which was in force during the period of incapacity.
This matter is discussed at greater length in Parts 11.5 and 11.6
Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/incapacity-handbook/ch-30-determining-rate-compensation-incapacity/304-incapacity-payments-periods-under-71-and-30-acts/3047-1971-act-client-partly-incapacitated-and-was-receipt-superannuation
30.4.8 1971 Act - client was incapacitated but had received S39 lump sum
Injuries prior to the commencement of the SRCA may result in periods of incapacity for work, both prior to and following, the advent of that Act (i.e. on 1 December 1988).
In practice, delegates will only rarely be required to calculate compensation for pre-1988 periods of incapacity. Nevertheless, it is still open for a client to claim compensation for such a period and from time to time a client may demonstrate a retrospective entitlement under an old Act.
Where a period of incapacity occurs prior to the commencement of the SRCA, S124(7) of that Act requires that the amount payable under the SRCA be the same as would be payable had the old Act not been repealed. In other words, periods of incapacity are paid in accordance with the requirements of that Act which was in force during the period of incapacity.
This matter is discussed at greater length in Parts 11.5 and 11.6
Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/incapacity-handbook/ch-30-determining-rate-compensation-incapacity/304-incapacity-payments-periods-under-71-and-30-acts/3048-1971-act-client-was-incapacitated-had-received-s39-lump-sum
30.4.9 1971 Act - Table - amounts payable re: incapacitated client
Injuries prior to the commencement of the SRCA may result in periods of incapacity for work, both prior to and following, the advent of that Act (i.e. on 1 December 1988).
In practice, delegates will only rarely be required to calculate compensation for pre-1988 periods of incapacity. Nevertheless, it is still open for a client to claim compensation for such a period and from time to time a client may demonstrate a retrospective entitlement under an old Act.
Where a period of incapacity occurs prior to the commencement of the SRCA, S124(7) of that Act requires that the amount payable under the SRCA be the same as would be payable had the old Act not been repealed. In other words, periods of incapacity are paid in accordance with the requirements of that Act which was in force during the period of incapacity.
This matter is discussed at greater length in Parts 11.5 and 11.6
Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/incapacity-handbook/ch-30-determining-rate-compensation-incapacity/304-incapacity-payments-periods-under-71-and-30-acts/3049-1971-act-table-amounts-payable-re-incapacitated-client
30.4.10 1971 Act - Table - amounts payable re: 'prescribed persons'
Injuries prior to the commencement of the SRCA may result in periods of incapacity for work, both prior to and following, the advent of that Act (i.e. on 1 December 1988).
In practice, delegates will only rarely be required to calculate compensation for pre-1988 periods of incapacity. Nevertheless, it is still open for a client to claim compensation for such a period and from time to time a client may demonstrate a retrospective entitlement under an old Act.
Where a period of incapacity occurs prior to the commencement of the SRCA, S124(7) of that Act requires that the amount payable under the SRCA be the same as would be payable had the old Act not been repealed. In other words, periods of incapacity are paid in accordance with the requirements of that Act which was in force during the period of incapacity.
This matter is discussed at greater length in Parts 11.5 and 11.6
Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/incapacity-handbook/ch-30-determining-rate-compensation-incapacity/304-incapacity-payments-periods-under-71-and-30-acts/30410-1971-act-table-amounts-payable-re-prescribed-persons
30.4.11 1971 Act - Table - amounts payable re: children 'to whom this Act applies'
Injuries prior to the commencement of the SRCA may result in periods of incapacity for work, both prior to and following, the advent of that Act (i.e. on 1 December 1988).
In practice, delegates will only rarely be required to calculate compensation for pre-1988 periods of incapacity. Nevertheless, it is still open for a client to claim compensation for such a period and from time to time a client may demonstrate a retrospective entitlement under an old Act.
Where a period of incapacity occurs prior to the commencement of the SRCA, S124(7) of that Act requires that the amount payable under the SRCA be the same as would be payable had the old Act not been repealed. In other words, periods of incapacity are paid in accordance with the requirements of that Act which was in force during the period of incapacity.
This matter is discussed at greater length in Parts 11.5 and 11.6
Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/incapacity-handbook/ch-30-determining-rate-compensation-incapacity/304-incapacity-payments-periods-under-71-and-30-acts/30411-1971-act-table-amounts-payable-re-children-whom-act-applies
30.4.12 1971 Act - incapacity periods of less than a week.
Injuries prior to the commencement of the SRCA may result in periods of incapacity for work, both prior to and following, the advent of that Act (i.e. on 1 December 1988).
In practice, delegates will only rarely be required to calculate compensation for pre-1988 periods of incapacity. Nevertheless, it is still open for a client to claim compensation for such a period and from time to time a client may demonstrate a retrospective entitlement under an old Act.
Where a period of incapacity occurs prior to the commencement of the SRCA, S124(7) of that Act requires that the amount payable under the SRCA be the same as would be payable had the old Act not been repealed. In other words, periods of incapacity are paid in accordance with the requirements of that Act which was in force during the period of incapacity.
This matter is discussed at greater length in Parts 11.5 and 11.6
Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/incapacity-handbook/ch-30-determining-rate-compensation-incapacity/304-incapacity-payments-periods-under-71-and-30-acts/30412-1971-act-incapacity-periods-less-week
30.4.13 The 1930 Act - Superannuation is not taken into account.
Injuries prior to the commencement of the SRCA may result in periods of incapacity for work, both prior to and following, the advent of that Act (i.e. on 1 December 1988).
In practice, delegates will only rarely be required to calculate compensation for pre-1988 periods of incapacity. Nevertheless, it is still open for a client to claim compensation for such a period and from time to time a client may demonstrate a retrospective entitlement under an old Act.
Where a period of incapacity occurs prior to the commencement of the SRCA, S124(7) of that Act requires that the amount payable under the SRCA be the same as would be payable had the old Act not been repealed. In other words, periods of incapacity are paid in accordance with the requirements of that Act which was in force during the period of incapacity.
This matter is discussed at greater length in Parts 11.5 and 11.6
Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/incapacity-handbook/ch-30-determining-rate-compensation-incapacity/304-incapacity-payments-periods-under-71-and-30-acts/30413-1930-act-superannuation-not-taken-account
30.4.14 The 1930 Act - provisions re: the amount of weekly compensation
Injuries prior to the commencement of the SRCA may result in periods of incapacity for work, both prior to and following, the advent of that Act (i.e. on 1 December 1988).
In practice, delegates will only rarely be required to calculate compensation for pre-1988 periods of incapacity. Nevertheless, it is still open for a client to claim compensation for such a period and from time to time a client may demonstrate a retrospective entitlement under an old Act.
Where a period of incapacity occurs prior to the commencement of the SRCA, S124(7) of that Act requires that the amount payable under the SRCA be the same as would be payable had the old Act not been repealed. In other words, periods of incapacity are paid in accordance with the requirements of that Act which was in force during the period of incapacity.
This matter is discussed at greater length in Parts 11.5 and 11.6
Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/incapacity-handbook/ch-30-determining-rate-compensation-incapacity/304-incapacity-payments-periods-under-71-and-30-acts/30414-1930-act-provisions-re-amount-weekly-compensation
30.4.15 The 1930 Act - Table of statutory amounts for calculating payment
Injuries prior to the commencement of the SRCA may result in periods of incapacity for work, both prior to and following, the advent of that Act (i.e. on 1 December 1988).
In practice, delegates will only rarely be required to calculate compensation for pre-1988 periods of incapacity. Nevertheless, it is still open for a client to claim compensation for such a period and from time to time a client may demonstrate a retrospective entitlement under an old Act.
Where a period of incapacity occurs prior to the commencement of the SRCA, S124(7) of that Act requires that the amount payable under the SRCA be the same as would be payable had the old Act not been repealed. In other words, periods of incapacity are paid in accordance with the requirements of that Act which was in force during the period of incapacity.
This matter is discussed at greater length in Parts 11.5 and 11.6
Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/incapacity-handbook/ch-30-determining-rate-compensation-incapacity/304-incapacity-payments-periods-under-71-and-30-acts/30415-1930-act-table-statutory-amounts-calculating-payment