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13.04 Determination that the Commonwealth is liable to pay Special Rate Disability Pension

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Last amended 
18 January 2022

The delegate must make a determination that the Commonwealth is liable to pay the SRDP if:

  • the former member is offered the choice;
  • the former member chooses to receive the SRDP in accordance with the requirements set out above; and
  • the delegate is satisfied that the former member met the criteria above on the day the choice was made.

If the former member fails to make a choice to take the SRDP, or fails to meet the criteria on the day they chose to take the SRDP, the delegate must determine that they continue to receive incapacity payments.

SRDP payments commence on the date the delegate receives the former member's choice in writing to receive SRDP payments.

13.04.1 Eligibility for SRDP is a reviewable decision

If a person requests assessment of their SRDP eligibility and is found ineligible, a determination in writing under section 199 must be issued.  The determination letter must include the delegate's reasons for decision and information about their right of review.

If a person’s SRDP eligibility is reviewed as a result of no longer meeting the criteria i.e. the person returns to work for more than 10 hours per week, a determination in writing under section 199 must be issued.