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6 Above General Rate Disability Compensation Payments
During the period a person is being compensated for incapacity for work, by one of the following payments:
- Special Rate - under VEA.
- Temporary Special Rate - under VEA.
- Intermediate Rate - under VEA.
- Loss of Earnings Allowance under the VEA.
- Incapacity payments under DRCA.
That person should not be compensated for subsequent incapacity to work from another condition, as the person has lost the capacity to work and cannot suffer a further loss of capacity due to another condition. [Dawkins v Metropolitan Coal (1947)]. In practice this means a person should not ordinarily receive Special Rate under the VEA for one condition and incapacity payments under the DRCA, MRCA or other workers' compensation source for another condition. A person may receive Intermediate Rate for one condition and incapacity payments for another condition, however, the DRCA provides that the partial capacity to work be taken into account when calculating the rate of incapacity payments payable.
Veterans' Entitlements Act 1986.
Safety, Rehabilitation and Compensation Act 1988
Military Rehabilitation and Compensation Act 2004