5.12.1 Subsection 80(1) - Eligibility for additional compensation payments

Section 80 makes the provision for veterans who are severely impaired as a result of their service to receive an additional lump sum payment in respect of every pre-existing dependant who is also an eligible young person.  

Additional amounts of compensation can be considered where all of the following criteria is met in relation to subsection 80(1):

1. The impaired person has been paid, or is entitled to be paid, MRCA PI (this means the claim must first meet the required thresholds for compensation to be paid, including for transitional cases, the 5IP threshold requirement at Step 2(a) of Chapter 25 of GARP M); and
2. The degree of impairment suffered constitutes at least 80 impairment points (for transitional cases this can be from a combination of MRCA, VEA and/or DRCA total impairment points as assessed at Step 1 of Chapter 25 of GARP M), and
3. The impaired person has received any amount of compensation under MRCA in respect of their impairment, or
4. They would be entitled to receive compensation in respect of their impairment, but because of the transitional arrangements that apply at Step 7 of Chapter 25 of GARP M, the actual compensation paid is nil.

Note: Where a veteran pursues a common law action under section 389 (for more information see Chapter 4.2.2 and Chapter 5.14), decision makers must contact Benefits and Payment Policy for tailored guidance on these individual cases. To do so, please refer to the Delegate Support Framework.