Once the delegate determines the veteran had any dependants (see chapter 5.12.3) at the relevant date, the delegate must then determine whether the dependant(s) were also eligible young person(s) before additional compensation can be paid under section 80.
Section 5 provides the definition of eligible young person as follows:
Once the relevant date is established (see chapter 5.12.2), the delegate must then consider whether at the relevant date, the veteran had any dependants. Essentially, a dependant must be both:
Once the eligibility requirements under subsection 80(1) are met, subsection 80(2) specifies that the veteran is entitled to receive an additional lump sum payment for each person who is both a dependant (see chapter 5.12.3) and an eligible young person (see
Section 80 makes the provision for veterans who are severely impaired as a result of their service to receive an additional lump sum payment in respect of every pre-existing dependant who is also an eligible young person.
Additional amounts of compensation can be considered where all of the following criteria is met in relation to subsection 80(1):
The key principle in considering any request or proposal for the provision of a rehabilitation item or service for a client, is whether or not the item being requested is reasonably required to assist the client to achieve a rehabilitation goal.
The first criteria in determining 'reasonableness' is the requirement for the request to be covered under current legislative/policy provisions.
Participants of DVA Rehabilitation will be supported to take maternity leave and/or parental leave, as required.
Authority is provided under:
In Schlenert v Australian and Overseas Telecommunications Corporation (1994), the Full Federal Court held that an impairment which became permanent under the 1971 Act or the 1930 Act must be compensated both under section 24 for the permanent impairment (with the quantum calculated under the previous Acts) and under section 27 for non-econo
The following examples provide guidance on how to apply the policy when assessing claims for NEL, in particular where the claimant has suffered multiple injuries, each of which will need to be assessed separately.
Example 1
Multiple injuries – similar injuries with different lifestyle effects
When assessing the NEL suffered in respect of a veteran’s injury, it is emphasised that:
For a Gym/Pool membership to be considered for approval to support a vocational goal in a rehabilitation plan, a veteran needs to be actively working towards a goal of returning to employment. A gym membership can be considered as one component of assisting a veteran to develop 'work readiness'. Ideally, the veteran will be motivated and engaging with job preparation activities such as resume preparation, job search skills etc., and will have the medical capacity to work.
