CM6882 - Special Rate and Intermediate Rate of Pension

Approved by the Commission on 19 March 2013

REPATRIATION COMMISSION GUIDELINES

These Guidelines replace CM5011 of 1998 and include instruction on both Special Rate and  Intermediate Rate of pension determinations as at 19 March 2013.

These Guidelines are not directives and should not be used as a substitute for the proper application of the law and judicial precedent to the particular circumstances of each case.

The Guidelines set out the Repatriation Commission's position on the legislation concerning the Special Rate of pension in s 24 of the Veterans' Entitlements Act 1986 (the VEA) and the Intermediate Rate of pension in s 23 of the VEA. They are based on the words of the legislation and the interpretation given to them in the Courts.

One Page Guide

A brief guide can be viewed here

The full Guidelines consist of:

Part One - Overview

Part Two - Cases where the veteran is under age 65

Part Three - Cases where the veteran is age 65 or over

Attachment A - Decision tree for AGR consideration

Attachment B - The Work Capacity Test: Application of 24(1)(b) and 28(a)

Attachment C - Application of the Work History Test for Veterans Under Age 65

Attachment D - Extracts from Cases about Classification of Types of Work

Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/commission-guidelines/cm6882-special-rate-and-intermediate-rate-pension

Part One - Overview

Approved by the Commission on 19 March 2013

REPATRIATION COMMISSION GUIDELINES

These Guidelines replace CM5011 of 1998 and include instruction on both Special Rate and  Intermediate Rate of pension determinations as at 19 March 2013.

These Guidelines are not directives and should not be used as a substitute for the proper application of the law and judicial precedent to the particular circumstances of each case.

The Guidelines set out the Repatriation Commission's position on the legislation concerning the Special Rate of pension in s 24 of the Veterans' Entitlements Act 1986 (the VEA) and the Intermediate Rate of pension in s 23 of the VEA. They are based on the words of the legislation and the interpretation given to them in the Courts.

One Page Guide

A brief guide can be viewed here

The full Guidelines consist of:

Part One - Overview

Part Two - Cases where the veteran is under age 65

Part Three - Cases where the veteran is age 65 or over

Attachment A - Decision tree for AGR consideration

Attachment B - The Work Capacity Test: Application of 24(1)(b) and 28(a)

Attachment C - Application of the Work History Test for Veterans Under Age 65

Attachment D - Extracts from Cases about Classification of Types of Work

Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/commission-guidelines/cm6882-special-rate-and-intermediate-rate-pension/part-one-overview

History and Purpose of Section 24 and Section 23 of the VEA - Overview

Approved by the Commission on 19 March 2013

REPATRIATION COMMISSION GUIDELINES

These Guidelines replace CM5011 of 1998 and include instruction on both Special Rate and  Intermediate Rate of pension determinations as at 19 March 2013.

These Guidelines are not directives and should not be used as a substitute for the proper application of the law and judicial precedent to the particular circumstances of each case.

The Guidelines set out the Repatriation Commission's position on the legislation concerning the Special Rate of pension in s 24 of the Veterans' Entitlements Act 1986 (the VEA) and the Intermediate Rate of pension in s 23 of the VEA. They are based on the words of the legislation and the interpretation given to them in the Courts.

One Page Guide

A brief guide can be viewed here

The full Guidelines consist of:

Part One - Overview

Part Two - Cases where the veteran is under age 65

Part Three - Cases where the veteran is age 65 or over

Attachment A - Decision tree for AGR consideration

Attachment B - The Work Capacity Test: Application of 24(1)(b) and 28(a)

Attachment C - Application of the Work History Test for Veterans Under Age 65

Attachment D - Extracts from Cases about Classification of Types of Work

Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/commission-guidelines/cm6882-special-rate-and-intermediate-rate-pension/part-one-overview/history-and-purpose-section-24-and-section-23-vea-overview

Granting of Pensions under s24 and s 23 of the VEA -

Approved by the Commission on 19 March 2013

REPATRIATION COMMISSION GUIDELINES

These Guidelines replace CM5011 of 1998 and include instruction on both Special Rate and  Intermediate Rate of pension determinations as at 19 March 2013.

These Guidelines are not directives and should not be used as a substitute for the proper application of the law and judicial precedent to the particular circumstances of each case.

The Guidelines set out the Repatriation Commission's position on the legislation concerning the Special Rate of pension in s 24 of the Veterans' Entitlements Act 1986 (the VEA) and the Intermediate Rate of pension in s 23 of the VEA. They are based on the words of the legislation and the interpretation given to them in the Courts.

One Page Guide

A brief guide can be viewed here

The full Guidelines consist of:

Part One - Overview

Part Two - Cases where the veteran is under age 65

Part Three - Cases where the veteran is age 65 or over

Attachment A - Decision tree for AGR consideration

Attachment B - The Work Capacity Test: Application of 24(1)(b) and 28(a)

Attachment C - Application of the Work History Test for Veterans Under Age 65

Attachment D - Extracts from Cases about Classification of Types of Work

Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/commission-guidelines/cm6882-special-rate-and-intermediate-rate-pension/part-one-overview/granting-pensions-under-s24-and-s-23-vea

Permanent incapacity, temporary incapacity - 7

Approved by the Commission on 19 March 2013

REPATRIATION COMMISSION GUIDELINES

These Guidelines replace CM5011 of 1998 and include instruction on both Special Rate and  Intermediate Rate of pension determinations as at 19 March 2013.

These Guidelines are not directives and should not be used as a substitute for the proper application of the law and judicial precedent to the particular circumstances of each case.

The Guidelines set out the Repatriation Commission's position on the legislation concerning the Special Rate of pension in s 24 of the Veterans' Entitlements Act 1986 (the VEA) and the Intermediate Rate of pension in s 23 of the VEA. They are based on the words of the legislation and the interpretation given to them in the Courts.

One Page Guide

A brief guide can be viewed here

The full Guidelines consist of:

Part One - Overview

Part Two - Cases where the veteran is under age 65

Part Three - Cases where the veteran is age 65 or over

Attachment A - Decision tree for AGR consideration

Attachment B - The Work Capacity Test: Application of 24(1)(b) and 28(a)

Attachment C - Application of the Work History Test for Veterans Under Age 65

Attachment D - Extracts from Cases about Classification of Types of Work

Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/commission-guidelines/cm6882-special-rate-and-intermediate-rate-pension/part-one-overview/permanent-incapacity-temporary-incapacity-7

Temporary Special Rate vs Loss of Earnings allowance - 7

Approved by the Commission on 19 March 2013

REPATRIATION COMMISSION GUIDELINES

These Guidelines replace CM5011 of 1998 and include instruction on both Special Rate and  Intermediate Rate of pension determinations as at 19 March 2013.

These Guidelines are not directives and should not be used as a substitute for the proper application of the law and judicial precedent to the particular circumstances of each case.

The Guidelines set out the Repatriation Commission's position on the legislation concerning the Special Rate of pension in s 24 of the Veterans' Entitlements Act 1986 (the VEA) and the Intermediate Rate of pension in s 23 of the VEA. They are based on the words of the legislation and the interpretation given to them in the Courts.

One Page Guide

A brief guide can be viewed here

The full Guidelines consist of:

Part One - Overview

Part Two - Cases where the veteran is under age 65

Part Three - Cases where the veteran is age 65 or over

Attachment A - Decision tree for AGR consideration

Attachment B - The Work Capacity Test: Application of 24(1)(b) and 28(a)

Attachment C - Application of the Work History Test for Veterans Under Age 65

Attachment D - Extracts from Cases about Classification of Types of Work

Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/commission-guidelines/cm6882-special-rate-and-intermediate-rate-pension/part-one-overview/temporary-special-rate-vs-loss-earnings-allowance-7

Continuation of Pensions under s24A -

Approved by the Commission on 19 March 2013

REPATRIATION COMMISSION GUIDELINES

These Guidelines replace CM5011 of 1998 and include instruction on both Special Rate and  Intermediate Rate of pension determinations as at 19 March 2013.

These Guidelines are not directives and should not be used as a substitute for the proper application of the law and judicial precedent to the particular circumstances of each case.

The Guidelines set out the Repatriation Commission's position on the legislation concerning the Special Rate of pension in s 24 of the Veterans' Entitlements Act 1986 (the VEA) and the Intermediate Rate of pension in s 23 of the VEA. They are based on the words of the legislation and the interpretation given to them in the Courts.

One Page Guide

A brief guide can be viewed here

The full Guidelines consist of:

Part One - Overview

Part Two - Cases where the veteran is under age 65

Part Three - Cases where the veteran is age 65 or over

Attachment A - Decision tree for AGR consideration

Attachment B - The Work Capacity Test: Application of 24(1)(b) and 28(a)

Attachment C - Application of the Work History Test for Veterans Under Age 65

Attachment D - Extracts from Cases about Classification of Types of Work

Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/commission-guidelines/cm6882-special-rate-and-intermediate-rate-pension/part-one-overview/continuation-pensions-under-s24a

Duty of Repatriation Commission Delegates -

Approved by the Commission on 19 March 2013

REPATRIATION COMMISSION GUIDELINES

These Guidelines replace CM5011 of 1998 and include instruction on both Special Rate and  Intermediate Rate of pension determinations as at 19 March 2013.

These Guidelines are not directives and should not be used as a substitute for the proper application of the law and judicial precedent to the particular circumstances of each case.

The Guidelines set out the Repatriation Commission's position on the legislation concerning the Special Rate of pension in s 24 of the Veterans' Entitlements Act 1986 (the VEA) and the Intermediate Rate of pension in s 23 of the VEA. They are based on the words of the legislation and the interpretation given to them in the Courts.

One Page Guide

A brief guide can be viewed here

The full Guidelines consist of:

Part One - Overview

Part Two - Cases where the veteran is under age 65

Part Three - Cases where the veteran is age 65 or over

Attachment A - Decision tree for AGR consideration

Attachment B - The Work Capacity Test: Application of 24(1)(b) and 28(a)

Attachment C - Application of the Work History Test for Veterans Under Age 65

Attachment D - Extracts from Cases about Classification of Types of Work

Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/commission-guidelines/cm6882-special-rate-and-intermediate-rate-pension/part-one-overview/duty-repatriation-commission-delegates

'Whole of Veteran' Needs -

Approved by the Commission on 19 March 2013

REPATRIATION COMMISSION GUIDELINES

These Guidelines replace CM5011 of 1998 and include instruction on both Special Rate and  Intermediate Rate of pension determinations as at 19 March 2013.

These Guidelines are not directives and should not be used as a substitute for the proper application of the law and judicial precedent to the particular circumstances of each case.

The Guidelines set out the Repatriation Commission's position on the legislation concerning the Special Rate of pension in s 24 of the Veterans' Entitlements Act 1986 (the VEA) and the Intermediate Rate of pension in s 23 of the VEA. They are based on the words of the legislation and the interpretation given to them in the Courts.

One Page Guide

A brief guide can be viewed here

The full Guidelines consist of:

Part One - Overview

Part Two - Cases where the veteran is under age 65

Part Three - Cases where the veteran is age 65 or over

Attachment A - Decision tree for AGR consideration

Attachment B - The Work Capacity Test: Application of 24(1)(b) and 28(a)

Attachment C - Application of the Work History Test for Veterans Under Age 65

Attachment D - Extracts from Cases about Classification of Types of Work

Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/commission-guidelines/cm6882-special-rate-and-intermediate-rate-pension/part-one-overview/whole-veteran-needs

Evidentiary Requirements -

Approved by the Commission on 19 March 2013

REPATRIATION COMMISSION GUIDELINES

These Guidelines replace CM5011 of 1998 and include instruction on both Special Rate and  Intermediate Rate of pension determinations as at 19 March 2013.

These Guidelines are not directives and should not be used as a substitute for the proper application of the law and judicial precedent to the particular circumstances of each case.

The Guidelines set out the Repatriation Commission's position on the legislation concerning the Special Rate of pension in s 24 of the Veterans' Entitlements Act 1986 (the VEA) and the Intermediate Rate of pension in s 23 of the VEA. They are based on the words of the legislation and the interpretation given to them in the Courts.

One Page Guide

A brief guide can be viewed here

The full Guidelines consist of:

Part One - Overview

Part Two - Cases where the veteran is under age 65

Part Three - Cases where the veteran is age 65 or over

Attachment A - Decision tree for AGR consideration

Attachment B - The Work Capacity Test: Application of 24(1)(b) and 28(a)

Attachment C - Application of the Work History Test for Veterans Under Age 65

Attachment D - Extracts from Cases about Classification of Types of Work

Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/commission-guidelines/cm6882-special-rate-and-intermediate-rate-pension/part-one-overview/evidentiary-requirements

Assessment Period (s19) -

Approved by the Commission on 19 March 2013

REPATRIATION COMMISSION GUIDELINES

These Guidelines replace CM5011 of 1998 and include instruction on both Special Rate and  Intermediate Rate of pension determinations as at 19 March 2013.

These Guidelines are not directives and should not be used as a substitute for the proper application of the law and judicial precedent to the particular circumstances of each case.

The Guidelines set out the Repatriation Commission's position on the legislation concerning the Special Rate of pension in s 24 of the Veterans' Entitlements Act 1986 (the VEA) and the Intermediate Rate of pension in s 23 of the VEA. They are based on the words of the legislation and the interpretation given to them in the Courts.

One Page Guide

A brief guide can be viewed here

The full Guidelines consist of:

Part One - Overview

Part Two - Cases where the veteran is under age 65

Part Three - Cases where the veteran is age 65 or over

Attachment A - Decision tree for AGR consideration

Attachment B - The Work Capacity Test: Application of 24(1)(b) and 28(a)

Attachment C - Application of the Work History Test for Veterans Under Age 65

Attachment D - Extracts from Cases about Classification of Types of Work

Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/commission-guidelines/cm6882-special-rate-and-intermediate-rate-pension/part-one-overview/assessment-period-s19

Part Two - Determination of Cases where the Veteran is Aged Under 65 at the Time of Lodging the Claim

Approved by the Commission on 19 March 2013

REPATRIATION COMMISSION GUIDELINES

These Guidelines replace CM5011 of 1998 and include instruction on both Special Rate and  Intermediate Rate of pension determinations as at 19 March 2013.

These Guidelines are not directives and should not be used as a substitute for the proper application of the law and judicial precedent to the particular circumstances of each case.

The Guidelines set out the Repatriation Commission's position on the legislation concerning the Special Rate of pension in s 24 of the Veterans' Entitlements Act 1986 (the VEA) and the Intermediate Rate of pension in s 23 of the VEA. They are based on the words of the legislation and the interpretation given to them in the Courts.

One Page Guide

A brief guide can be viewed here

The full Guidelines consist of:

Part One - Overview

Part Two - Cases where the veteran is under age 65

Part Three - Cases where the veteran is age 65 or over

Attachment A - Decision tree for AGR consideration

Attachment B - The Work Capacity Test: Application of 24(1)(b) and 28(a)

Attachment C - Application of the Work History Test for Veterans Under Age 65

Attachment D - Extracts from Cases about Classification of Types of Work

Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/commission-guidelines/cm6882-special-rate-and-intermediate-rate-pension/part-two-determination-cases-where-veteran-aged-under-65-time-lodging-claim

The Extent of Incapacity Test - Determination of Cases where the Veteran is Aged Under 65 at the Time of Lodging the Claim

Approved by the Commission on 19 March 2013

REPATRIATION COMMISSION GUIDELINES

These Guidelines replace CM5011 of 1998 and include instruction on both Special Rate and  Intermediate Rate of pension determinations as at 19 March 2013.

These Guidelines are not directives and should not be used as a substitute for the proper application of the law and judicial precedent to the particular circumstances of each case.

The Guidelines set out the Repatriation Commission's position on the legislation concerning the Special Rate of pension in s 24 of the Veterans' Entitlements Act 1986 (the VEA) and the Intermediate Rate of pension in s 23 of the VEA. They are based on the words of the legislation and the interpretation given to them in the Courts.

One Page Guide

A brief guide can be viewed here

The full Guidelines consist of:

Part One - Overview

Part Two - Cases where the veteran is under age 65

Part Three - Cases where the veteran is age 65 or over

Attachment A - Decision tree for AGR consideration

Attachment B - The Work Capacity Test: Application of 24(1)(b) and 28(a)

Attachment C - Application of the Work History Test for Veterans Under Age 65

Attachment D - Extracts from Cases about Classification of Types of Work

Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/commission-guidelines/cm6882-special-rate-and-intermediate-rate-pension/part-two-determination-cases-where-veteran-aged-under-65-time-lodging-claim/extent-incapacity-test-determination-cases-where-veteran-aged

The Work Capacity Test - ement to Special Rate or Intermediate Rate pension. Section19(5C)(a) requires that assessm

Approved by the Commission on 19 March 2013

REPATRIATION COMMISSION GUIDELINES

These Guidelines replace CM5011 of 1998 and include instruction on both Special Rate and  Intermediate Rate of pension determinations as at 19 March 2013.

These Guidelines are not directives and should not be used as a substitute for the proper application of the law and judicial precedent to the particular circumstances of each case.

The Guidelines set out the Repatriation Commission's position on the legislation concerning the Special Rate of pension in s 24 of the Veterans' Entitlements Act 1986 (the VEA) and the Intermediate Rate of pension in s 23 of the VEA. They are based on the words of the legislation and the interpretation given to them in the Courts.

One Page Guide

A brief guide can be viewed here

The full Guidelines consist of:

Part One - Overview

Part Two - Cases where the veteran is under age 65

Part Three - Cases where the veteran is age 65 or over

Attachment A - Decision tree for AGR consideration

Attachment B - The Work Capacity Test: Application of 24(1)(b) and 28(a)

Attachment C - Application of the Work History Test for Veterans Under Age 65

Attachment D - Extracts from Cases about Classification of Types of Work

Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/commission-guidelines/cm6882-special-rate-and-intermediate-rate-pension/part-two-determination-cases-where-veteran-aged-under-65-time-lodging-claim/work-capacity-test-ement-special-rate-or-intermediate-rate

The Work History Test -

Approved by the Commission on 19 March 2013

REPATRIATION COMMISSION GUIDELINES

These Guidelines replace CM5011 of 1998 and include instruction on both Special Rate and  Intermediate Rate of pension determinations as at 19 March 2013.

These Guidelines are not directives and should not be used as a substitute for the proper application of the law and judicial precedent to the particular circumstances of each case.

The Guidelines set out the Repatriation Commission's position on the legislation concerning the Special Rate of pension in s 24 of the Veterans' Entitlements Act 1986 (the VEA) and the Intermediate Rate of pension in s 23 of the VEA. They are based on the words of the legislation and the interpretation given to them in the Courts.

One Page Guide

A brief guide can be viewed here

The full Guidelines consist of:

Part One - Overview

Part Two - Cases where the veteran is under age 65

Part Three - Cases where the veteran is age 65 or over

Attachment A - Decision tree for AGR consideration

Attachment B - The Work Capacity Test: Application of 24(1)(b) and 28(a)

Attachment C - Application of the Work History Test for Veterans Under Age 65

Attachment D - Extracts from Cases about Classification of Types of Work

Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/commission-guidelines/cm6882-special-rate-and-intermediate-rate-pension/part-two-determination-cases-where-veteran-aged-under-65-time-lodging-claim/work-history-test

Part Three - Determination of Cases where the Veteran is Age 65 or Over at the Time of Lodging the Claim

Approved by the Commission on 19 March 2013

REPATRIATION COMMISSION GUIDELINES

These Guidelines replace CM5011 of 1998 and include instruction on both Special Rate and  Intermediate Rate of pension determinations as at 19 March 2013.

These Guidelines are not directives and should not be used as a substitute for the proper application of the law and judicial precedent to the particular circumstances of each case.

The Guidelines set out the Repatriation Commission's position on the legislation concerning the Special Rate of pension in s 24 of the Veterans' Entitlements Act 1986 (the VEA) and the Intermediate Rate of pension in s 23 of the VEA. They are based on the words of the legislation and the interpretation given to them in the Courts.

One Page Guide

A brief guide can be viewed here

The full Guidelines consist of:

Part One - Overview

Part Two - Cases where the veteran is under age 65

Part Three - Cases where the veteran is age 65 or over

Attachment A - Decision tree for AGR consideration

Attachment B - The Work Capacity Test: Application of 24(1)(b) and 28(a)

Attachment C - Application of the Work History Test for Veterans Under Age 65

Attachment D - Extracts from Cases about Classification of Types of Work

Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/commission-guidelines/cm6882-special-rate-and-intermediate-rate-pension/part-three-determination-cases-where-veteran-age-65-or-over-time-lodging-claim

The Over 65 Incapacity Test -

Approved by the Commission on 19 March 2013

REPATRIATION COMMISSION GUIDELINES

These Guidelines replace CM5011 of 1998 and include instruction on both Special Rate and  Intermediate Rate of pension determinations as at 19 March 2013.

These Guidelines are not directives and should not be used as a substitute for the proper application of the law and judicial precedent to the particular circumstances of each case.

The Guidelines set out the Repatriation Commission's position on the legislation concerning the Special Rate of pension in s 24 of the Veterans' Entitlements Act 1986 (the VEA) and the Intermediate Rate of pension in s 23 of the VEA. They are based on the words of the legislation and the interpretation given to them in the Courts.

One Page Guide

A brief guide can be viewed here

The full Guidelines consist of:

Part One - Overview

Part Two - Cases where the veteran is under age 65

Part Three - Cases where the veteran is age 65 or over

Attachment A - Decision tree for AGR consideration

Attachment B - The Work Capacity Test: Application of 24(1)(b) and 28(a)

Attachment C - Application of the Work History Test for Veterans Under Age 65

Attachment D - Extracts from Cases about Classification of Types of Work

Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/commission-guidelines/cm6882-special-rate-and-intermediate-rate-pension/part-three-determination-cases-where-veteran-age-65-or-over-time-lodging-claim/over-65-incapacity-test

The Over 65 Work Capacity Test -

Approved by the Commission on 19 March 2013

REPATRIATION COMMISSION GUIDELINES

These Guidelines replace CM5011 of 1998 and include instruction on both Special Rate and  Intermediate Rate of pension determinations as at 19 March 2013.

These Guidelines are not directives and should not be used as a substitute for the proper application of the law and judicial precedent to the particular circumstances of each case.

The Guidelines set out the Repatriation Commission's position on the legislation concerning the Special Rate of pension in s 24 of the Veterans' Entitlements Act 1986 (the VEA) and the Intermediate Rate of pension in s 23 of the VEA. They are based on the words of the legislation and the interpretation given to them in the Courts.

One Page Guide

A brief guide can be viewed here

The full Guidelines consist of:

Part One - Overview

Part Two - Cases where the veteran is under age 65

Part Three - Cases where the veteran is age 65 or over

Attachment A - Decision tree for AGR consideration

Attachment B - The Work Capacity Test: Application of 24(1)(b) and 28(a)

Attachment C - Application of the Work History Test for Veterans Under Age 65

Attachment D - Extracts from Cases about Classification of Types of Work

Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/commission-guidelines/cm6882-special-rate-and-intermediate-rate-pension/part-three-determination-cases-where-veteran-age-65-or-over-time-lodging-claim/over-65-work-capacity-test

The Over 65 Work History Test - 0 \ltrch\fcs0 \insrsid5988985 \par }\pard\plain \ltrpar\s16\ql \li720\ri0\sb60\nowidctlpa

Approved by the Commission on 19 March 2013

REPATRIATION COMMISSION GUIDELINES

These Guidelines replace CM5011 of 1998 and include instruction on both Special Rate and  Intermediate Rate of pension determinations as at 19 March 2013.

These Guidelines are not directives and should not be used as a substitute for the proper application of the law and judicial precedent to the particular circumstances of each case.

The Guidelines set out the Repatriation Commission's position on the legislation concerning the Special Rate of pension in s 24 of the Veterans' Entitlements Act 1986 (the VEA) and the Intermediate Rate of pension in s 23 of the VEA. They are based on the words of the legislation and the interpretation given to them in the Courts.

One Page Guide

A brief guide can be viewed here

The full Guidelines consist of:

Part One - Overview

Part Two - Cases where the veteran is under age 65

Part Three - Cases where the veteran is age 65 or over

Attachment A - Decision tree for AGR consideration

Attachment B - The Work Capacity Test: Application of 24(1)(b) and 28(a)

Attachment C - Application of the Work History Test for Veterans Under Age 65

Attachment D - Extracts from Cases about Classification of Types of Work

Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/commission-guidelines/cm6882-special-rate-and-intermediate-rate-pension/part-three-determination-cases-where-veteran-age-65-or-over-time-lodging-claim/over-65-work-history-test-0-ltrchfcs0-insrsid5988985-par

The Over 65 Alone and Prevented Tests -

Approved by the Commission on 19 March 2013

REPATRIATION COMMISSION GUIDELINES

These Guidelines replace CM5011 of 1998 and include instruction on both Special Rate and  Intermediate Rate of pension determinations as at 19 March 2013.

These Guidelines are not directives and should not be used as a substitute for the proper application of the law and judicial precedent to the particular circumstances of each case.

The Guidelines set out the Repatriation Commission's position on the legislation concerning the Special Rate of pension in s 24 of the Veterans' Entitlements Act 1986 (the VEA) and the Intermediate Rate of pension in s 23 of the VEA. They are based on the words of the legislation and the interpretation given to them in the Courts.

One Page Guide

A brief guide can be viewed here

The full Guidelines consist of:

Part One - Overview

Part Two - Cases where the veteran is under age 65

Part Three - Cases where the veteran is age 65 or over

Attachment A - Decision tree for AGR consideration

Attachment B - The Work Capacity Test: Application of 24(1)(b) and 28(a)

Attachment C - Application of the Work History Test for Veterans Under Age 65

Attachment D - Extracts from Cases about Classification of Types of Work

Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/commission-guidelines/cm6882-special-rate-and-intermediate-rate-pension/part-three-determination-cases-where-veteran-age-65-or-over-time-lodging-claim/over-65-alone-and-prevented-tests

Beyond 65 Employment -

Approved by the Commission on 19 March 2013

REPATRIATION COMMISSION GUIDELINES

These Guidelines replace CM5011 of 1998 and include instruction on both Special Rate and  Intermediate Rate of pension determinations as at 19 March 2013.

These Guidelines are not directives and should not be used as a substitute for the proper application of the law and judicial precedent to the particular circumstances of each case.

The Guidelines set out the Repatriation Commission's position on the legislation concerning the Special Rate of pension in s 24 of the Veterans' Entitlements Act 1986 (the VEA) and the Intermediate Rate of pension in s 23 of the VEA. They are based on the words of the legislation and the interpretation given to them in the Courts.

One Page Guide

A brief guide can be viewed here

The full Guidelines consist of:

Part One - Overview

Part Two - Cases where the veteran is under age 65

Part Three - Cases where the veteran is age 65 or over

Attachment A - Decision tree for AGR consideration

Attachment B - The Work Capacity Test: Application of 24(1)(b) and 28(a)

Attachment C - Application of the Work History Test for Veterans Under Age 65

Attachment D - Extracts from Cases about Classification of Types of Work

Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/commission-guidelines/cm6882-special-rate-and-intermediate-rate-pension/part-three-determination-cases-where-veteran-age-65-or-over-time-lodging-claim/beyond-65-employment

Last amended

The Over 65 Economic Loss Test -

Approved by the Commission on 19 March 2013

REPATRIATION COMMISSION GUIDELINES

These Guidelines replace CM5011 of 1998 and include instruction on both Special Rate and  Intermediate Rate of pension determinations as at 19 March 2013.

These Guidelines are not directives and should not be used as a substitute for the proper application of the law and judicial precedent to the particular circumstances of each case.

The Guidelines set out the Repatriation Commission's position on the legislation concerning the Special Rate of pension in s 24 of the Veterans' Entitlements Act 1986 (the VEA) and the Intermediate Rate of pension in s 23 of the VEA. They are based on the words of the legislation and the interpretation given to them in the Courts.

One Page Guide

A brief guide can be viewed here

The full Guidelines consist of:

Part One - Overview

Part Two - Cases where the veteran is under age 65

Part Three - Cases where the veteran is age 65 or over

Attachment A - Decision tree for AGR consideration

Attachment B - The Work Capacity Test: Application of 24(1)(b) and 28(a)

Attachment C - Application of the Work History Test for Veterans Under Age 65

Attachment D - Extracts from Cases about Classification of Types of Work

Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/commission-guidelines/cm6882-special-rate-and-intermediate-rate-pension/part-three-determination-cases-where-veteran-age-65-or-over-time-lodging-claim/over-65-economic-loss-test

Attachment A - Decision tree for AGR consideration

Approved by the Commission on 19 March 2013

REPATRIATION COMMISSION GUIDELINES

These Guidelines replace CM5011 of 1998 and include instruction on both Special Rate and  Intermediate Rate of pension determinations as at 19 March 2013.

These Guidelines are not directives and should not be used as a substitute for the proper application of the law and judicial precedent to the particular circumstances of each case.

The Guidelines set out the Repatriation Commission's position on the legislation concerning the Special Rate of pension in s 24 of the Veterans' Entitlements Act 1986 (the VEA) and the Intermediate Rate of pension in s 23 of the VEA. They are based on the words of the legislation and the interpretation given to them in the Courts.

One Page Guide

A brief guide can be viewed here

The full Guidelines consist of:

Part One - Overview

Part Two - Cases where the veteran is under age 65

Part Three - Cases where the veteran is age 65 or over

Attachment A - Decision tree for AGR consideration

Attachment B - The Work Capacity Test: Application of 24(1)(b) and 28(a)

Attachment C - Application of the Work History Test for Veterans Under Age 65

Attachment D - Extracts from Cases about Classification of Types of Work

Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/commission-guidelines/cm6882-special-rate-and-intermediate-rate-pension/attachment-decision-tree-agr-consideration

Attachment B - The Work Capacity Test: Application of 24(1)(b) and 28(a)

Approved by the Commission on 19 March 2013

REPATRIATION COMMISSION GUIDELINES

These Guidelines replace CM5011 of 1998 and include instruction on both Special Rate and  Intermediate Rate of pension determinations as at 19 March 2013.

These Guidelines are not directives and should not be used as a substitute for the proper application of the law and judicial precedent to the particular circumstances of each case.

The Guidelines set out the Repatriation Commission's position on the legislation concerning the Special Rate of pension in s 24 of the Veterans' Entitlements Act 1986 (the VEA) and the Intermediate Rate of pension in s 23 of the VEA. They are based on the words of the legislation and the interpretation given to them in the Courts.

One Page Guide

A brief guide can be viewed here

The full Guidelines consist of:

Part One - Overview

Part Two - Cases where the veteran is under age 65

Part Three - Cases where the veteran is age 65 or over

Attachment A - Decision tree for AGR consideration

Attachment B - The Work Capacity Test: Application of 24(1)(b) and 28(a)

Attachment C - Application of the Work History Test for Veterans Under Age 65

Attachment D - Extracts from Cases about Classification of Types of Work

Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/commission-guidelines/cm6882-special-rate-and-intermediate-rate-pension/attachment-b-work-capacity-test-application-241b-and-28a

Attachment C - Application of the Work History Test for Veterans Under Age 65

Approved by the Commission on 19 March 2013

REPATRIATION COMMISSION GUIDELINES

These Guidelines replace CM5011 of 1998 and include instruction on both Special Rate and  Intermediate Rate of pension determinations as at 19 March 2013.

These Guidelines are not directives and should not be used as a substitute for the proper application of the law and judicial precedent to the particular circumstances of each case.

The Guidelines set out the Repatriation Commission's position on the legislation concerning the Special Rate of pension in s 24 of the Veterans' Entitlements Act 1986 (the VEA) and the Intermediate Rate of pension in s 23 of the VEA. They are based on the words of the legislation and the interpretation given to them in the Courts.

One Page Guide

A brief guide can be viewed here

The full Guidelines consist of:

Part One - Overview

Part Two - Cases where the veteran is under age 65

Part Three - Cases where the veteran is age 65 or over

Attachment A - Decision tree for AGR consideration

Attachment B - The Work Capacity Test: Application of 24(1)(b) and 28(a)

Attachment C - Application of the Work History Test for Veterans Under Age 65

Attachment D - Extracts from Cases about Classification of Types of Work

Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/commission-guidelines/cm6882-special-rate-and-intermediate-rate-pension/attachment-c-application-work-history-test-veterans-under-age-65

Kind Of Work - Application of the Work History Test for Veterans Under Age 65

Approved by the Commission on 19 March 2013

REPATRIATION COMMISSION GUIDELINES

These Guidelines replace CM5011 of 1998 and include instruction on both Special Rate and  Intermediate Rate of pension determinations as at 19 March 2013.

These Guidelines are not directives and should not be used as a substitute for the proper application of the law and judicial precedent to the particular circumstances of each case.

The Guidelines set out the Repatriation Commission's position on the legislation concerning the Special Rate of pension in s 24 of the Veterans' Entitlements Act 1986 (the VEA) and the Intermediate Rate of pension in s 23 of the VEA. They are based on the words of the legislation and the interpretation given to them in the Courts.

One Page Guide

A brief guide can be viewed here

The full Guidelines consist of:

Part One - Overview

Part Two - Cases where the veteran is under age 65

Part Three - Cases where the veteran is age 65 or over

Attachment A - Decision tree for AGR consideration

Attachment B - The Work Capacity Test: Application of 24(1)(b) and 28(a)

Attachment C - Application of the Work History Test for Veterans Under Age 65

Attachment D - Extracts from Cases about Classification of Types of Work

Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/commission-guidelines/cm6882-special-rate-and-intermediate-rate-pension/attachment-c-application-work-history-test-veterans-under-age-65/kind-work-application-work-history-test-veterans-under-age-65

Classifications of Types of Work -

Approved by the Commission on 19 March 2013

REPATRIATION COMMISSION GUIDELINES

These Guidelines replace CM5011 of 1998 and include instruction on both Special Rate and  Intermediate Rate of pension determinations as at 19 March 2013.

These Guidelines are not directives and should not be used as a substitute for the proper application of the law and judicial precedent to the particular circumstances of each case.

The Guidelines set out the Repatriation Commission's position on the legislation concerning the Special Rate of pension in s 24 of the Veterans' Entitlements Act 1986 (the VEA) and the Intermediate Rate of pension in s 23 of the VEA. They are based on the words of the legislation and the interpretation given to them in the Courts.

One Page Guide

A brief guide can be viewed here

The full Guidelines consist of:

Part One - Overview

Part Two - Cases where the veteran is under age 65

Part Three - Cases where the veteran is age 65 or over

Attachment A - Decision tree for AGR consideration

Attachment B - The Work Capacity Test: Application of 24(1)(b) and 28(a)

Attachment C - Application of the Work History Test for Veterans Under Age 65

Attachment D - Extracts from Cases about Classification of Types of Work

Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/commission-guidelines/cm6882-special-rate-and-intermediate-rate-pension/attachment-c-application-work-history-test-veterans-under-age-65/classifications-types-work

Ameliorating Provisions (Under 65 Veterans) -

Approved by the Commission on 19 March 2013

REPATRIATION COMMISSION GUIDELINES

These Guidelines replace CM5011 of 1998 and include instruction on both Special Rate and  Intermediate Rate of pension determinations as at 19 March 2013.

These Guidelines are not directives and should not be used as a substitute for the proper application of the law and judicial precedent to the particular circumstances of each case.

The Guidelines set out the Repatriation Commission's position on the legislation concerning the Special Rate of pension in s 24 of the Veterans' Entitlements Act 1986 (the VEA) and the Intermediate Rate of pension in s 23 of the VEA. They are based on the words of the legislation and the interpretation given to them in the Courts.

One Page Guide

A brief guide can be viewed here

The full Guidelines consist of:

Part One - Overview

Part Two - Cases where the veteran is under age 65

Part Three - Cases where the veteran is age 65 or over

Attachment A - Decision tree for AGR consideration

Attachment B - The Work Capacity Test: Application of 24(1)(b) and 28(a)

Attachment C - Application of the Work History Test for Veterans Under Age 65

Attachment D - Extracts from Cases about Classification of Types of Work

Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/commission-guidelines/cm6882-special-rate-and-intermediate-rate-pension/attachment-c-application-work-history-test-veterans-under-age-65/ameliorating-provisions-under-65-veterans

Genuinely Seeking Work -

Approved by the Commission on 19 March 2013

REPATRIATION COMMISSION GUIDELINES

These Guidelines replace CM5011 of 1998 and include instruction on both Special Rate and  Intermediate Rate of pension determinations as at 19 March 2013.

These Guidelines are not directives and should not be used as a substitute for the proper application of the law and judicial precedent to the particular circumstances of each case.

The Guidelines set out the Repatriation Commission's position on the legislation concerning the Special Rate of pension in s 24 of the Veterans' Entitlements Act 1986 (the VEA) and the Intermediate Rate of pension in s 23 of the VEA. They are based on the words of the legislation and the interpretation given to them in the Courts.

One Page Guide

A brief guide can be viewed here

The full Guidelines consist of:

Part One - Overview

Part Two - Cases where the veteran is under age 65

Part Three - Cases where the veteran is age 65 or over

Attachment A - Decision tree for AGR consideration

Attachment B - The Work Capacity Test: Application of 24(1)(b) and 28(a)

Attachment C - Application of the Work History Test for Veterans Under Age 65

Attachment D - Extracts from Cases about Classification of Types of Work

Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/commission-guidelines/cm6882-special-rate-and-intermediate-rate-pension/attachment-c-application-work-history-test-veterans-under-age-65/genuinely-seeking-work

'The Substantial Cause' -

Approved by the Commission on 19 March 2013

REPATRIATION COMMISSION GUIDELINES

These Guidelines replace CM5011 of 1998 and include instruction on both Special Rate and  Intermediate Rate of pension determinations as at 19 March 2013.

These Guidelines are not directives and should not be used as a substitute for the proper application of the law and judicial precedent to the particular circumstances of each case.

The Guidelines set out the Repatriation Commission's position on the legislation concerning the Special Rate of pension in s 24 of the Veterans' Entitlements Act 1986 (the VEA) and the Intermediate Rate of pension in s 23 of the VEA. They are based on the words of the legislation and the interpretation given to them in the Courts.

One Page Guide

A brief guide can be viewed here

The full Guidelines consist of:

Part One - Overview

Part Two - Cases where the veteran is under age 65

Part Three - Cases where the veteran is age 65 or over

Attachment A - Decision tree for AGR consideration

Attachment B - The Work Capacity Test: Application of 24(1)(b) and 28(a)

Attachment C - Application of the Work History Test for Veterans Under Age 65

Attachment D - Extracts from Cases about Classification of Types of Work

Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/commission-guidelines/cm6882-special-rate-and-intermediate-rate-pension/attachment-c-application-work-history-test-veterans-under-age-65/substantial-cause