33.2.3 Discharged full-time members - time off in service

For new claims for incapacity payments received on or after 1 July 2011, for discharged full-time members who have taken time off while in service, there is no longer a requirement to seek information about the sick leave taken due to the injury or illness. This is because the member continued to receive their normal pay while they were on sick leave. The time taken off work due to an incapacity, while still in service, should therefore not be included in the calculation of maximum rate compensation weeks.

Comcare have confirmed that a week only counts as a maximum rate compensation week where compensation has been paid (or will be paid) under section 19 of the SRCA. Compensation will only be paid for periods when the discharged former member actually experienced a loss of pay.

Compensation paid for lost allowances or loss of rank and pay level due to an injury or illness must still be counted in the calculation of maximum rate compensation weeks. However, periods when the member continued to receive their normal pay, including allowances, when on sick leave should not be counted.

For incapacity claims received prior to 1 July 2011 where compensation is paid under section 19 of the SRCA, ), a week is taken to be 7 days. Advice from the respective service personnel authority will normally express time off in terms of days or weeks. Any remaining days after conversion to weeks should be expressed as a percentage of a week (e.g. 2 days – 2/7 – equals 28.57% of a week).