2. Investigating Entitlement to Incapacity Payments
Overview
Claims for incapacity payments involve delegates investigating;
- whether the person is eligible (i.e. is incapacitated as a result of their accepted condition), and
- if so, what amount is payable.
It is possible for a person to be eligible but the subsequent calculation of the amount payable results in a 'nil' entitlement.
Delegates should first check that a person is not prohibited from receiving weekly payments i.e. suspended, previously deemed with an ability earn, outstanding reconsideration for the same period etc.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/incapacity-policy-manual/2-investigating-entitlement-incapacity-payments
2.1 Format of an incapacity claim
Overview
Claims for incapacity payments involve delegates investigating;
- whether the person is eligible (i.e. is incapacitated as a result of their accepted condition), and
- if so, what amount is payable.
It is possible for a person to be eligible but the subsequent calculation of the amount payable results in a 'nil' entitlement.
Delegates should first check that a person is not prohibited from receiving weekly payments i.e. suspended, previously deemed with an ability earn, outstanding reconsideration for the same period etc.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/incapacity-policy-manual/2-investigating-entitlement-incapacity-payments/21-format-incapacity-claim
2.2 No payment without liability
Overview
Claims for incapacity payments involve delegates investigating;
- whether the person is eligible (i.e. is incapacitated as a result of their accepted condition), and
- if so, what amount is payable.
It is possible for a person to be eligible but the subsequent calculation of the amount payable results in a 'nil' entitlement.
Delegates should first check that a person is not prohibited from receiving weekly payments i.e. suspended, previously deemed with an ability earn, outstanding reconsideration for the same period etc.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/incapacity-policy-manual/2-investigating-entitlement-incapacity-payments/22-no-payment-without-liability
2.3 Standard of Proof
Overview
Claims for incapacity payments involve delegates investigating;
- whether the person is eligible (i.e. is incapacitated as a result of their accepted condition), and
- if so, what amount is payable.
It is possible for a person to be eligible but the subsequent calculation of the amount payable results in a 'nil' entitlement.
Delegates should first check that a person is not prohibited from receiving weekly payments i.e. suspended, previously deemed with an ability earn, outstanding reconsideration for the same period etc.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/incapacity-policy-manual/2-investigating-entitlement-incapacity-payments/23-standard-proof
2.4 Claim must be determined in writing
Overview
Claims for incapacity payments involve delegates investigating;
- whether the person is eligible (i.e. is incapacitated as a result of their accepted condition), and
- if so, what amount is payable.
It is possible for a person to be eligible but the subsequent calculation of the amount payable results in a 'nil' entitlement.
Delegates should first check that a person is not prohibited from receiving weekly payments i.e. suspended, previously deemed with an ability earn, outstanding reconsideration for the same period etc.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/incapacity-policy-manual/2-investigating-entitlement-incapacity-payments/24-claim-must-be-determined-writing
2.5 Power to request information
Overview
Claims for incapacity payments involve delegates investigating;
- whether the person is eligible (i.e. is incapacitated as a result of their accepted condition), and
- if so, what amount is payable.
It is possible for a person to be eligible but the subsequent calculation of the amount payable results in a 'nil' entitlement.
Delegates should first check that a person is not prohibited from receiving weekly payments i.e. suspended, previously deemed with an ability earn, outstanding reconsideration for the same period etc.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/incapacity-policy-manual/2-investigating-entitlement-incapacity-payments/25-power-request-information
2.6 Medical certificates
Overview
Claims for incapacity payments involve delegates investigating;
- whether the person is eligible (i.e. is incapacitated as a result of their accepted condition), and
- if so, what amount is payable.
It is possible for a person to be eligible but the subsequent calculation of the amount payable results in a 'nil' entitlement.
Delegates should first check that a person is not prohibited from receiving weekly payments i.e. suspended, previously deemed with an ability earn, outstanding reconsideration for the same period etc.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/incapacity-policy-manual/2-investigating-entitlement-incapacity-payments/26-medical-certificates
2.7 Medical discharges and ADF Medical Boards
Overview
Claims for incapacity payments involve delegates investigating;
- whether the person is eligible (i.e. is incapacitated as a result of their accepted condition), and
- if so, what amount is payable.
It is possible for a person to be eligible but the subsequent calculation of the amount payable results in a 'nil' entitlement.
Delegates should first check that a person is not prohibited from receiving weekly payments i.e. suspended, previously deemed with an ability earn, outstanding reconsideration for the same period etc.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/incapacity-policy-manual/2-investigating-entitlement-incapacity-payments/27-medical-discharges-and-adf-medical-boards
2.8 Incapacity payments for periods of medical treatment
Overview
Claims for incapacity payments involve delegates investigating;
- whether the person is eligible (i.e. is incapacitated as a result of their accepted condition), and
- if so, what amount is payable.
It is possible for a person to be eligible but the subsequent calculation of the amount payable results in a 'nil' entitlement.
Delegates should first check that a person is not prohibited from receiving weekly payments i.e. suspended, previously deemed with an ability earn, outstanding reconsideration for the same period etc.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/incapacity-policy-manual/2-investigating-entitlement-incapacity-payments/28-incapacity-payments-periods-medical-treatment
2.9 Incapacity payments to attend medical appointments (that are not treatment) is not payable
Overview
Claims for incapacity payments involve delegates investigating;
- whether the person is eligible (i.e. is incapacitated as a result of their accepted condition), and
- if so, what amount is payable.
It is possible for a person to be eligible but the subsequent calculation of the amount payable results in a 'nil' entitlement.
Delegates should first check that a person is not prohibited from receiving weekly payments i.e. suspended, previously deemed with an ability earn, outstanding reconsideration for the same period etc.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/incapacity-policy-manual/2-investigating-entitlement-incapacity-payments/29-incapacity-payments-attend-medical-appointments-are-not-treatment-not-payable
2.10 Two or more conditions, all potentially totally incapacitating
Overview
Claims for incapacity payments involve delegates investigating;
- whether the person is eligible (i.e. is incapacitated as a result of their accepted condition), and
- if so, what amount is payable.
It is possible for a person to be eligible but the subsequent calculation of the amount payable results in a 'nil' entitlement.
Delegates should first check that a person is not prohibited from receiving weekly payments i.e. suspended, previously deemed with an ability earn, outstanding reconsideration for the same period etc.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/incapacity-policy-manual/2-investigating-entitlement-incapacity-payments/210-two-or-more-conditions-all-potentially-totally-incapacitating
2.11 Where several conditions combine to produce incapacity
Overview
Claims for incapacity payments involve delegates investigating;
- whether the person is eligible (i.e. is incapacitated as a result of their accepted condition), and
- if so, what amount is payable.
It is possible for a person to be eligible but the subsequent calculation of the amount payable results in a 'nil' entitlement.
Delegates should first check that a person is not prohibited from receiving weekly payments i.e. suspended, previously deemed with an ability earn, outstanding reconsideration for the same period etc.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/incapacity-policy-manual/2-investigating-entitlement-incapacity-payments/211-where-several-conditions-combine-produce-incapacity
2.12 Incapacity overtaken or removed by a later injury
Overview
Claims for incapacity payments involve delegates investigating;
- whether the person is eligible (i.e. is incapacitated as a result of their accepted condition), and
- if so, what amount is payable.
It is possible for a person to be eligible but the subsequent calculation of the amount payable results in a 'nil' entitlement.
Delegates should first check that a person is not prohibited from receiving weekly payments i.e. suspended, previously deemed with an ability earn, outstanding reconsideration for the same period etc.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/incapacity-policy-manual/2-investigating-entitlement-incapacity-payments/212-incapacity-overtaken-or-removed-later-injury
2.13 Dual eligibility under the VEA and DRCA or MRCA
Overview
Claims for incapacity payments involve delegates investigating;
- whether the person is eligible (i.e. is incapacitated as a result of their accepted condition), and
- if so, what amount is payable.
It is possible for a person to be eligible but the subsequent calculation of the amount payable results in a 'nil' entitlement.
Delegates should first check that a person is not prohibited from receiving weekly payments i.e. suspended, previously deemed with an ability earn, outstanding reconsideration for the same period etc.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/incapacity-policy-manual/2-investigating-entitlement-incapacity-payments/213-dual-eligibility-under-vea-and-drca-or-mrca
2.14 Aggravations
Overview
Claims for incapacity payments involve delegates investigating;
- whether the person is eligible (i.e. is incapacitated as a result of their accepted condition), and
- if so, what amount is payable.
It is possible for a person to be eligible but the subsequent calculation of the amount payable results in a 'nil' entitlement.
Delegates should first check that a person is not prohibited from receiving weekly payments i.e. suspended, previously deemed with an ability earn, outstanding reconsideration for the same period etc.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/incapacity-policy-manual/2-investigating-entitlement-incapacity-payments/214-aggravations
2.15 Voluntary discharge/Retirements to prevent further injuries
Overview
Claims for incapacity payments involve delegates investigating;
- whether the person is eligible (i.e. is incapacitated as a result of their accepted condition), and
- if so, what amount is payable.
It is possible for a person to be eligible but the subsequent calculation of the amount payable results in a 'nil' entitlement.
Delegates should first check that a person is not prohibited from receiving weekly payments i.e. suspended, previously deemed with an ability earn, outstanding reconsideration for the same period etc.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/incapacity-policy-manual/2-investigating-entitlement-incapacity-payments/215-voluntary-dischargeretirements-prevent-further-injuries
2.16 Incapacity payments when a person is not in employment
Overview
Claims for incapacity payments involve delegates investigating;
- whether the person is eligible (i.e. is incapacitated as a result of their accepted condition), and
- if so, what amount is payable.
It is possible for a person to be eligible but the subsequent calculation of the amount payable results in a 'nil' entitlement.
Delegates should first check that a person is not prohibited from receiving weekly payments i.e. suspended, previously deemed with an ability earn, outstanding reconsideration for the same period etc.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/incapacity-policy-manual/2-investigating-entitlement-incapacity-payments/216-incapacity-payments-when-person-not-employment
2.17 Retrospective periods (arrears) of incapacity
Overview
Claims for incapacity payments involve delegates investigating;
- whether the person is eligible (i.e. is incapacitated as a result of their accepted condition), and
- if so, what amount is payable.
It is possible for a person to be eligible but the subsequent calculation of the amount payable results in a 'nil' entitlement.
Delegates should first check that a person is not prohibited from receiving weekly payments i.e. suspended, previously deemed with an ability earn, outstanding reconsideration for the same period etc.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/incapacity-policy-manual/2-investigating-entitlement-incapacity-payments/217-retrospective-periods-arrears-incapacity
2.18 ‘Top-up’ payments
Overview
Claims for incapacity payments involve delegates investigating;
- whether the person is eligible (i.e. is incapacitated as a result of their accepted condition), and
- if so, what amount is payable.
It is possible for a person to be eligible but the subsequent calculation of the amount payable results in a 'nil' entitlement.
Delegates should first check that a person is not prohibited from receiving weekly payments i.e. suspended, previously deemed with an ability earn, outstanding reconsideration for the same period etc.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/incapacity-policy-manual/2-investigating-entitlement-incapacity-payments/218-top-payments
2.19 Overseas residence
Overview
Claims for incapacity payments involve delegates investigating;
- whether the person is eligible (i.e. is incapacitated as a result of their accepted condition), and
- if so, what amount is payable.
It is possible for a person to be eligible but the subsequent calculation of the amount payable results in a 'nil' entitlement.
Delegates should first check that a person is not prohibited from receiving weekly payments i.e. suspended, previously deemed with an ability earn, outstanding reconsideration for the same period etc.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/incapacity-policy-manual/2-investigating-entitlement-incapacity-payments/219-overseas-residence
2.20 Incapacity payments and rehabilitation
Overview
Claims for incapacity payments involve delegates investigating;
- whether the person is eligible (i.e. is incapacitated as a result of their accepted condition), and
- if so, what amount is payable.
It is possible for a person to be eligible but the subsequent calculation of the amount payable results in a 'nil' entitlement.
Delegates should first check that a person is not prohibited from receiving weekly payments i.e. suspended, previously deemed with an ability earn, outstanding reconsideration for the same period etc.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/incapacity-policy-manual/2-investigating-entitlement-incapacity-payments/220-incapacity-payments-and-rehabilitation
2.21 Payments when a person is entitled to incapacity payments but the final amount payable is under investigation - interim payments
Overview
Claims for incapacity payments involve delegates investigating;
- whether the person is eligible (i.e. is incapacitated as a result of their accepted condition), and
- if so, what amount is payable.
It is possible for a person to be eligible but the subsequent calculation of the amount payable results in a 'nil' entitlement.
Delegates should first check that a person is not prohibited from receiving weekly payments i.e. suspended, previously deemed with an ability earn, outstanding reconsideration for the same period etc.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/incapacity-policy-manual/2-investigating-entitlement-incapacity-payments/221-payments-when-person-entitled-incapacity-payments-final-amount-payable-under-investigation-interim-payments
2.22 Payment when a person accesses Leave Without Pay (LWOP)
Overview
Claims for incapacity payments involve delegates investigating;
- whether the person is eligible (i.e. is incapacitated as a result of their accepted condition), and
- if so, what amount is payable.
It is possible for a person to be eligible but the subsequent calculation of the amount payable results in a 'nil' entitlement.
Delegates should first check that a person is not prohibited from receiving weekly payments i.e. suspended, previously deemed with an ability earn, outstanding reconsideration for the same period etc.
Source URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/incapacity-policy-manual/2-investigating-entitlement-incapacity-payments/222-payment-when-person-accesses-leave-without-pay-lwop