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5.12.2 Subsection 80(2) - Finding the relevant date
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 chapter 5.12.4) at the relevant date.
The relevant date for the purposes of subsection 80(2) is the later of:
- the date determined by the delegate to be the date the veteran's impairment constituted at least 80 impairment points, or
- where a single service-related condition resulted in the veteran reaching 80 impairment points, the date on which the claim for liability was made, or
- where more than one service-related condition resulted in the veteran reaching 80 impairment points, the date on which the most recent claim for liability for one of those injuries or diseases was made.
Example 1 – single service-related condition
The veteran made a single liability claim for malignant cancer which was accepted as service-related and a permanent impairment delegate determined the veteran suffered 81 impairment points. The following dates are relevant:
- The date of liability claim is 30 January 2019,
- The date the veteran is determined as suffering at least 80 impairment points is 30 September 2018.
In this example, the later (and relevant date) is the date of the liability claim on 30 January 2019.
Example 2 – more than one service-related conditions
The veteran made liability claims for three conditions which were accepted as service-related and a permanent impairment delegate determined the veteran suffered 80 impairment points. The following dates are relevant:
- The date of liability claim for lumbar spondylosis is 1 January 2021,
- The date of liability claim for tinnitus is 30 November 2020,
- The date of liability claim for post-traumatic stress disorder is 1 December 2020,
- The date the veteran is determined as suffering at least 80 impairment points is 30 March 2021.
In this example, the later (and relevant date) is the date the impairment reached 80 impairment points on 30 March 2021.
Example 3 – more than one service-related conditions
The veteran made liability claims for two conditions which were accepted as service-related and a permanent impairment delegate determined the veteran suffered 82 impairment points. The following dates are relevant:
- The date of liability claim for major depression is 1 January 2022,
- The date of liability claim for alcohol use disorder is 30 January 2022,
- The date of liability claim for post-traumatic stress disorder is 1 March 2022,
- The date the veteran is determined as suffering at least 80 impairment points is 1 December 2021.
In this example, the later (and relevant date) is the date of the latest liability claim on 1 March 2022.