Incapacity Payments

Legislative Authority

Safety, Rehabilitation and Compensation Act 1988
Part II, Division 3

Stated Current Purpose/Intent

To provide income replacement for economic loss suffered by members and former members of the ADF who are incapacitated for service or work as a result of injury or disease resulting from ADF service rendered prior to 1 July 2004 and for which liability is accepted under the SRCA.

Current Eligibility Criteria

Incapacity payments under the SRCA may be made to members and former members of the ADF, including reservists, cadets and declared members, who are incapacitated for service or work as a result of an injury or disease for which liability is accepted under the SRCA.

Date of Introduction

1 December 1988

Original Purpose/Intent

The original intent has not changed.

Significant Changes in Criteria or Purpose Since Introduction

Nil

Notes

1. For incidents that happened on or after 1 July 2004, members and former members are covered by the provisions of the Military Rehabilitation and Compensation Act 2004 (MRCA).
2. Commonwealth funded superannuation benefits may affect compensation entitlements and are taken into account when calculations are made. Compensation payable may also be offset against any VEA benefits received for the same condition.
3. Incapacity payments under the SRCA include:

• full Normal Weekly Earnings (NWE) at 100 per cent of pre-injury ADF earnings for the first 45 weeks in most cases (the 45 weeks includes any periods for which compensation was paid during service);
• 75 per cent of NWE after 45 weeks; and
• when returning to work after 45 weeks an increased percentage of NWE may apply.