5.12.2 Subsection 80(2) - Finding the relevant date

Once the eligibility requirements under subsection 80(1) are met, subsection 80(2) specifies that the veteran is entitled to receive an additional lump sum payment for each person who is both a dependant (see chapter 5.12.3) and an eligible young person (see chapter 5.12.4) at the relevant date. 

The relevant date for the purposes of subsection 80(2) is the later of:

1. the date on which the veteran's impairment constituted at least 80 impairment points, or
2. where a single service-related condition resulted in the veteran reaching 80 impairment points, the date on which the claim for liability was made, or
3. where more than one service-related condition resulted in the veteran reaching 80 impairment points, the date on which the most recent claim for liability for one of those injuries or diseases was made.

Example 1 – single service-related condition

The veteran made a single liability claim for malignant cancer on 1 January 2018 which was accepted as service-related. A claim for permanent impairment compensation was made on 30 March 2018. The delegate determined the veteran suffered a combined degree of impairment of 90 points on 1 December 2018, however that a degree of impairment of 80 points existed from 30 September 2018.

The following dates are relevant:

• The date of liability claim is 1 January 2018,
• The date the veteran is determined as suffering at least 80 impairment points is 30 September 2018.

In this example, the later (and relevant date) is the date the veteran suffered at least 80 impairment points, on 30 September 2018.

Example 2 – more than one service-related conditions

The veteran made liability claims for three conditions which were accepted as service-related and a permanent impairment delegate determined the veteran suffered a combined degree of impairment of 89 points on 30 April 2021, however that a degree of impairment of 80 points existed from 30 March 2021. The following dates are relevant:

• The date of liability claim for lumbar spondylosis is 1 January 2021,
• The date of liability claim for tinnitus is 30 November 2020,
• The date of liability claim for post-traumatic stress disorder is 1 December 2020,
• The date the veteran is determined as suffering at least 80 impairment points is 30 March 2021.

In this example, the later (and relevant date) is the date the veteran suffered at least 80 impairment points, on 30 March 2021.

Example 3 – more than one service-related conditions

The veteran made liability claims for two conditions which were accepted as service-related and a permanent impairment delegate determined the veteran suffered a combined degree of impairment of 82 points on 10 December 2021, however that a degree of impairment of 80 points existed from 1 December 2021. The following dates are relevant:

• The date of liability claim for major depression is 1 January 2022,
• The date of liability claim for alcohol use disorder is 30 January 2022,
• The date of liability claim for post-traumatic stress disorder is 1 March 2022,
• The date the veteran is determined as suffering at least 80 impairment points is 1 December 2021.

In this example, the later (and relevant date) is the date of the latest liability claim on 1 March 2022.