A higher rate of compensation for incapacity is automatically paid during the first 45 weeks of payment. Beyond 45 weeks the rate of compensation is dependent on the number of hours the person is working.
The Cadet program is aimed at youth between the ages of 12 and 20 years. The common title 'school cadet' is a misnomer. Few Cadet units are associated with a school in any way, nor are all Cadet members currently at school, although most are of school age. Cadets are not paid for their attendance. Cadets are not members of the ADF but are covered by the DRCA and MRCA if the person is injured as a result of their Cadet service.
The DRCA provides for a minimum level of compensation (calculated at statutory rates, rather than based on a NWE) in some cases. This provision is governed by subsection 19(6)-(9).
The amounts specified in these subsections have been updated regularly and delegates should apply the amounts as specified in CLIK.
The minimum earnings provisions are applicable:
Incapacity payments are essentially the difference between what a person would normally earn in a week, (called either Normal Weekly Earnings (NWE) under the SRCA or Normal Earnings (NE) under the MRCA) and the amount they are actually earning in a week following their injury.
Establishing a person’s NWE or NE forms the basis for all incapacity payment calculations and is intended to be a representation of what the person could normally have expected to earn but for the injury. A person’s NWE or NE is a notional amount.
Claims for incapacity payments involve delegates investigating;
It is possible for a person to be eligible but the subsequent calculation of the amount payable results in a 'nil' entitlement.
Delegates should first check that a person is not prohibited from receiving weekly payments i.e. suspended, previously deemed with an ability earn, outstanding reconsideration for the same period etc.
Incapacity payments are economic loss compensation payments due to the inability (or reduced ability) to work, because of a service injury or disease. Incapacity payments are essentially the difference between the amount a person would normally earn in a week and the amount they are actually earning in a week following their injury. The basic formula to calculate a person’s payments is normal (weekly) earnings minus actual earnings i.e. N(W)E-AE.
What is the Energy Assistance Payment?
The Energy Assistance Payment (EAP) was a lump sum payment paid in July 2017 and June 2019, to help with rising costs of energy.
Eligibility Criteria
To have been eligible for the 2017 EAP, a person must have been, on 20 June 2017(test date):
Under section 93 of the VEA the Commission recovers treatment costs paid by the Department where a person receives compensation from another source, and bars claims for future treatment at Departmental expense for that condition. While the wording in the section is discretionary, Commission policy is to recover under s93 in all applicable cases (except for the abuse victim exemption explained below)
DVA may provide uniforms and other essential equipment where these are required to enable the person to perform their role. There are slight differences in approach where a client has secured permanent employment, compared to where a client is participating in a work trial. For information about uniforms and similar equipment for clients participating in work trials, refer to section 9.9.5 in this library.
