The Over 65 Incapacity Test -

Special Rate - 24(2A)(c) and 24(2A)(h)

Intermediate Rate – 23(3A)(c) and 23(3A)(h)

  1. The first test to be satisfied is that the degree of incapacity from accepted conditions must be determined under s21A of the Act to be at least 70%.

  1. Factors to be considered by delegates for this test are the same as for veterans aged under 65.

  1. In addition, the veteran must also not be eligible to receive a temporary payment at the Special Rate under s 25; or in the case of Intermediate Rate, the veteran must not be eligible to receive the Special Rate or temporary payment at the Special Rate.

  1. This test is the same as the incapacity test for veterans under age 65.

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