Assessment

Last amended: Invalidity service pension pre 1/1/2000 - definition of permanently incapacitated

The definition of permanently incapacitated, for service pension purposes, changed on 1/1/2000. Prior to this date a person was considered to be permanently incapacitated for work if:

• the person was permanently blind in both eyes, or
• the degree of permanent incapacity was 85% or more.

Cases prior to 1/1/2000 did not require a GARP assessment, or that a determination be made in relation to the number of hours worked. This former standard of permanently incapacitated still applies to all recipients of invalidity service pension (and those who had submitted a claim) prior to 1/1/2000. Any reviews of continuing invalidity service pension entitlement for a veteran whose original determination predates 1/1/2000 must still be determined under the pre 1/1/2000 rules.

Invalidity service pension post 1/1/2000 - definition of permanently incapacitated

For service pension purposes a person is taken to be permanently incapacitated for work if:    

• the person is permanently blind in both eyes, or
• the person is a veteran to whom section 24 VEA applies ([glossary:special rate:] [glossary:pension:]), or
• the person has an impairment that, if deemed to be an injury or disease for the Guide to the Assessment of Rates of Veterans' Pensions (GARP), would rate 40 or more in Table 18.1 of that Guide, and

• solely because of the incapacity, the person is permanently unable to work for periods adding up to more than 8 hours per weeks, and
• the Repatriation Commission regards the incapacity as permanent.    
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  CCPS Library

  GARP

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Invalidity ISS pre 1/1/2000 - definition of permanently incapacitated

The definition of permanently incapacitated, for invalidity ISS purposes, changed on 1/1/2000. The pre 1/1/2000 test of permanent incapacity is the same as for invalidity service pension. Prior to this date a person was considered to be permanently incapacitated for work if the:

• person was permanently blind in both eyes, or
• the degree of permanent incapacity was 85% or more.

The same savings provisions that apply to invalidity service pension will apply for invalidity ISS recipients who had received, or who had claimed, invalidity ISS prior to this date.

Invalidity ISS post 1/1/2000 - definition of permanently incapacitated

For income support supplement purposes a person is taken to be permanently incapacitated for work if:    

• the person is permanently [glossary:blind in both eyes:][glossary:, or:]
• the person has a physical, intellectual or psychiatric impairment that results in 20 points or more under the Impairment Tables in Schedule 1B of the Social Security Act 1991, and     
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  Social Security Act 1991: Schedule 1B – Tables for the assessment of work-related impairment

  http://www.comlaw.gov.au/comlaw/management.nsf/lookupindexpagesbyid/IP200401781?OpenDocument

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• the Commission is satisfied that solely because of the impairment, the person cannot work for at least 30 hours per week at award wages or above, for the following 2 years.

Duration of incapacity

Invalidity service pension is only intended to be granted to people with permanent disabilities. It should not be granted on a short-term or interim basis as more appropriate Australian Government Assistance Schemes are available to persons with short-term disabilities.  For invalidity ISS purposes 'permanent' means for at least the next 2 years.

Persons automatically considered to be permanently incapacitated

In certain situations a person may be regarded as permanently incapacitated without the need for a medical assessment. These situations require no further investigation and the person can be automatically considered to be permanently incapacitated.    

Other claimants

A person will be considered to have a permanent incapacity for work for pension purposes if they are prevented from permanently obtaining and retaining employment due to physical, intellectual and/or psychiatric impairment from all disabilities (whether accepted or not).