9.7.3 Decision-making guidance

Determining eligibility for ADA requires a comprehensive and up to date assessment under the Guide to Determining Impairment and Compensation (GARP M 2026) and the consideration of certain other factors before finalising the amount of ADA payable.

To be eligible for ADA payments, section 220A of the MRCA requires that the individual:

• has liability accepted for a service injury or disease; and
• is not in receipt of incapacity payments under the MRCA or chose to receive the Special Rate Disability Pension (SRDP) under the MRCA or Disability Compensation under the VEA at the Extreme Disablement Adjustment rate (subsection 22(4)), Intermediate Rate (section 23), Special Rate (section 24), or Temporary Special Rate (section 25); and
• is aged-pension age or over; and
• has an impairment rating of at lease 70 impairment points under GARP M 2026 with a lifestyle rating of at least 6.

There are also provisions for posthumous eligibility and associated benefits for dependants should eligibility criteria be met. More specifically, subsection 12(2A) specifies dependant eligibility under the MRCA in situations where the veterans:

• was receiving ADA prior to their death; or
• satisfied the eligibility criteria in section 220A during some period of their life.

Investigations for ADA may be initiated by DVA when the Department becomes aware that an individual satisfies the relevant eligibility criteria or at the request of the veteran where a clain is submitted under section 319(d).