Overview of s 22

Overview of s 22

Section 22(1) of the SRC Act establishes a discretion to reduce the amount of weekly compensation payable where a client:

  • is receiving compensation under s 19 (but not ss 20, 21 or 21A);
  • as a result of an injury is being maintained as a patient in a hospital, nursing home or similar place ;
  • has been so maintained for a continuous period of not less than one year; and
  • has no prescribed persons or prescribed children who are dependent on them.

Note:  The mention of ss 20, 21 and 21A at the end of s 22(1)(d) is incorrect as s 22 does not apply to retired employees in receipt of superannuation to whom ss 20, 21 or 21A apply.

Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/defcare-commentary-january-2003/incapacity-calculator/fact-p19-weekly-rate-compensation-under-s-221/overview-s-22