The Extent of Incapacity Test - Determination of Cases where the Veteran is Aged Under 65 at the Time of Lodging the Claim

Special Rate – 24(1)(a) and 24(1)(d)

Intermediate Rate –  23(1)(a) and 23(1)(d)

31. This test requires that the 'degree of incapacity' from accepted conditions must be determined under s 21A to be at least 70%, as assessed using the Guide to the Assessment of the Rates of Veterans' Pensions (GARP V), or there must be a previous determination of such a 'degree of incapacity' in place at the time of assessing the veteran's entitlement to Special Rate or Intermediate Rate pension. Section19(5C)(a) requires that assessment of a claim must occur between the application date and the decision date.  Refer to the section above titled 'Assessment Period (s 19)' for further information in this respect.