Additional Disability Compensation Payment Payable for Specific Disabilities (amputations and blindness)

Legislative Authority

Veterans' Entitlements Act 1986
Section 9 (liability provisions)
Section 13 (eligibility of veterans and mariners)
Section 18 (duties of Commission in relation to pensions)
Section 19 (determination of claims and applications)
Section 27 (criteria)
Section 30A to 30P and 74 (limitations due to payment of other compensation)
Section 70 (eligibility of Defence and Peacekeeping Forces)
Section 120 (standard of proof)
Section 120A and 120B (Statements of Principles)

Stated Current Purpose/Intent

To provide further compensation for a veteran, member of the Forces, member of a Peacekeeping Force or Australian mariner, who has certain war-caused or defence-caused amputations and/or loss of sight.

Current Eligibility Criteria

A person is eligible if he or she is:

• not eligible for a Disability Compensation Payment at the special rate;
• eligible for a Disability Compensation Payment at the general rate, intermediate rate, or for an EDA; and
• has an incapacity from an accepted disability of the following kind:

1. two arms amputated;
2. two legs and one arm amputated;
3. two legs amputated above the knee;
4. two legs amputated and blinded in one eye;
5. one arm and one leg amputated and blinded in one eye;
6. one leg and one arm amputated;
7. one leg amputated above, and one leg amputated below, the knee;
8. two legs amputated below the knee;
9. one arm amputated and blinded in one eye;
10. one leg amputated and blinded in one eye;
11. one leg amputated above the knee;
12. one leg amputated below the knee;
13. one arm amputated above the elbow;
14. one arm amputated below the elbow; or
15. blinded in one eye.

The rate of Disability Compensation Payment and additional payment together may not exceed the amount of the special rate. (Persons entitled to additional payment for disabilities listed at items 1 to 6 above receive the same amount as the special rate.)

On the death of a person entitled to additional payment for disabilities listed at items 1 to 8 above, an eligible dependant of the person has an automatic entitlement to a war widow(er)'s pension or orphan's pension, as appropriate.

VEA subsection 27(4) contains deeming provisions for partial amputations and for loss of function without amputation.

Notes

1. See Notes 6, 7 and 8 under Disability Compensation Payment - General Rate.
2. Eligibility for the additional payment is assessed when the rate of Disability Compensation Payment is assessed.

Date of Introduction

1921

Original Purpose/Intent

The original intention has not changed.