Capable of engaging in any work
Capable of engaging in any work
Sections 131, 132 and 132A refer to “any work”. The Federal Court and the AAT have suggested, in relation to ss 131 and 132, that this should be read as a reference to “any suitable employment”. However, amendments to s 132A(2) and (3) which commenced on 1 April 2002 make it clear that, for the purposes of s 132A, all earnings from work (including self-employment) are to be taken into account as AE. Section 132A is not limited only to earnings from suitable employment, as defined in s 4(1).
Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/defcare-commentary-january-2003/incapacity-calculator/fact-117-capable-engaging-any-work/capable-engaging-any-work