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  • Ch 9 Other Benefits under the Military Rehabilitation and Compensation Act 2004

Ch 9 Other Benefits under the Military Rehabilitation and Compensation Act 2004

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This chapter contains the following sections:

 


 

In this chapter

  • 9.1 Compensation for travel and accommodation costs reasonably required or incurred under the Military Rehabilitation and Compensation Act 2004 (MRCA)
  • 9.2 Household and Attendant Care services Overview
  • 9.3 What is MRCA Supplement
  • 9.4 Motor Vehicle Compensation Scheme (MVCS)
  • 9.5 Military Rehabilitation and Compensation Act Education and Training Scheme (MRCAETS)
  • 9.6 Clean Energy Payments
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Policy Manual

  • Ch 9 Other Benefits under the Military Rehabilitation and Compensation Act 2004
    • 9.1 Compensation for travel and accommodation costs reasonably required or incurred under the Military Rehabilitation and Compensation Act 2004 (MRCA)
      • 9.1.1 Travel and/or accommodation costs reasonably incurred to attend a rehabilitation assessment or medical examination arranged by the MRCC
      • 9.1.2 Travel and/or accommodation costs reasonably incurred to attend treatment
      • 9.1.3 Transportation costs incurred by another person
      • 9.1.4 Travel costs associated with a rehabilitation program
      • 9.1.5 Travel and/or accommodation in order to attend or collect medical evidence for a hearing of the Veterans' Review Board
    • 9.2 Household and Attendant Care services Overview
    • 9.3 What is MRCA Supplement
      • 9.3.1 Who is eligible for MRCA Supplement?
      • 9.3.2 When MRCA Supplement may not be payable
      • 9.3.4 Wholly Dependent Partners (WDPs) and Eligible Young Persons (EYPs)
      • 9.3.5 Summary
    • 9.4 Motor Vehicle Compensation Scheme (MVCS)
    • 9.5 Military Rehabilitation and Compensation Act Education and Training Scheme (MRCAETS)
    • 9.6 Clean Energy Payments
  • Ch 1 Introduction
    • 1.1 Purpose of the MRCA
      • 1.1.1 Commencement
      • 1.1.2 Governance and Administration of the MRCA
      • 1.1.3 DVA Structure
    • 1.2 Persons Covered by this Act
      • 1.2.1 Categories of Service
    • 1.3 Delegation
    • 1.4 Dealing with Clients
    • 1.6 Medicare and the MRCA
      • 1.6.1 Where to Lodge Notices and Obtain Further Information
    • 1.9 Other Legislation
      • 1.9.1 The Veterans' Entitlement Act 1986
      • 1.9.2 The Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988
      • 1.9.3 The Compensation (Commonwealth Government Employees) Act 1971
      • 1.9.4 The Commonwealth Employees Compensation Act 1930
      • 1.9.5 Determination 2000/1 under section 58B of the Defence Act 1903;
  • Ch 2 Claims
    • 2.1 Making a Claim
      • 2.1.1 What can be Claimed?
      • 2.1.2 Who can Lodge a Claim in relation to an injury or disease?
      • 2.1.3 Who can Lodge a Claim in relation to death?
      • 2.1.4 Claims after death of claimant
      • 2.1.5 No Time Limit on Claims
      • 2.1.6 How can Claims be Made?
      • 2.1.8 Claims for compensation
      • 2.1.9 Electronic Lodgement of Claims
      • 2.1.10 Acknowledging Claims
      • 2.1.11 Notification to Chief of the Defence Force of Claims made by Serving Members
      • 2.1.12 Collection of information from claimant
      • 2.1.13 Collection of information from third parties
      • 2.1.15 Privacy Act and the Department of Defence
      • 2.1.16 Release of Information on Public Safety Grounds
      • 2.1.20 Injury and 'Sequelae'
      • 2.1.21 Reviving Old Inactive Claims
    • 2.2 Determination of Claims
      • 2.2.1 Determinations Must be in Writing
      • 2.2.2 Applying the Appropriate Heads of Liability to a Determination of Liability
      • 2.2.3 Application of the Statements of Principles
      • 2.2.4 Repatriation Medical Authority Reviews
      • 2.2.5 MRCC Determination Overriding RMA's decision not to make or amend a SOP
      • 2.2.6 Standards of Proof for determining liability
      • 2.2.7 Standard of Proof applicable to other determinations made under MRCA
      • 2.2.8 MRCC not Bound by Technicalities
      • 2.2.9 Receipt of Private Insurance Benefits
    • 2.3 Needs Assessments
      • 2.3.1 Purpose of the Needs Assessment
      • 2.3.2 Claims for Compensation to be in writing
      • 2.3.3 Checklist of possible benefits
  • Ch 3 Liability
    • 3.0 Overview
    • 3.1 Definitions
      • 3.1.1 Defence service
      • 3.1.2 Declared Member Determinations
      • 3.1.3 Non-Warlike Service Determinations
      • 3.1.4 Warlike Service Determinations
      • 3.1.5 Injury, disease and death
    • 3.2 Heads of Liability
      • 3.2.1 Service injury, service disease and service death
      • 3.2.2 'Rendering defence service'
      • 3.2.3 'Occurrence'
      • 3.2.4 'Arose out of or was attributable to service'
      • 3.2.5 'But for changes in the person's environment consequent upon rendering defence service'
      • 3.2.6 Travelling to or from duty
      • 3.2.7 Aggravation
      • 3.2.8 Material contribution
      • 3.2.9 Death from service injury or service disease
      • 3.2.10 Injury, disease or death arising from treatment provided by the Commonwealth
      • 3.2.11 Aggravations of service-related conditions
    • 3.3 The Statements of Principles (SOPs)
      • 3.3.1 Primacy of SOP regime
      • 3.3.2 Background
      • 3.3.3 The role of the RMA
    • 3.4 Investigating a Claim
      • 3.4.1 Parameters of a claim
      • 3.4.2 Considering Liability where trauma occurred prior to 1 July 2004
        • 3.4.2.1 How do the definitions under section 6(1)(d) & section 27 of the MRCA apply to the question of liability under the MRCA
        • 3.4.2.2 Considering initial liability under MRCA for a disease contracted after 1 July 2004, where the applicable SoP factor occurred rendering defence service prior to 30 June 2004
        • 3.4.2.3 Liability under MRCA for ‘consequential conditions’ related to an injury accepted under SRCA or VEA
      • 3.4.3 Establishing a diagnosis
      • 3.4.4 Establishing the clinical onset and/or worsening
        • 3.4.4.1 Onset Considerations
      • 3.4.5 Applying streamlining procedures
        • 3.4.5.2 Sequelae streamlining policy
        • 3.4.5.1 Limited streamlining approach for Barotrauma claims
      • 3.4.6 Propagation and SOPs
      • 3.4.7 Claims related to sexual and physical abuse
        • 3.4.7.1 Understanding the Impacts of Abuse in the Military
        • 3.4.7.2 Understanding Abuse
        • 3.4.7.3 What promotes ongoing abuse in an organisation?
        • 3.4.7.4 Common barriers to disclosing abuse
        • 3.4.7.5 Understanding the impact of abuse
        • 3.4.7.6 How does abuse influence how a survivor may present when contacting DVA?
    • 3.5 Determining a Claim
      • 3.5.1 Assessing the evidence
      • 3.5.2 Applying the correct standard of proof
      • 3.5.3 Reasonable hypothesis (RH) cases
      • 3.5.4 Balance of probabilities (BOP) cases
      • 3.5.5 Relationship to service
      • 3.5.6 Reasons for decision
    • 3.6 Exclusions
      • 3.6.1 Serious default or wilful act
      • 3.6.2 Serious breach of discipline
      • 3.6.3 Intentionally self-inflicted
      • 3.6.4 Serious and permanent impairment
      • 3.6.5 Reasonable and appropriate counselling about performance
      • 3.6.6 Wilful and false representation
      • 3.6.7 Exclusions relating to travel
      • 3.6.8 Exclusion relating to use of tobacco products
  • Ch 4 Liabilities Arising Apart from this Act
    • 4.1 Overview
    • 4.2 Common law action against the Commonwealth or a potentially liable member
      • 4.2.1 Restriction on action against the Commonwealth or a potentially liable member
      • 4.2.2 Action for damages against the Commonwealth or a potentially liable member for non-economic loss
      • 4.2.3 Action for damages related to a service death
      • 4.2.4 Notification of common law actions
    • 4.3 Liability of third parties and access to common law actions against a third party
      • 4.3.1 Notification of third party common law actions
      • 4.3.2 Entitlements affected by third party common law action
      • 4.3.3 MRCC instituting or taking over a common law action against a third party
      • 4.3.4 Entitlement to treatment after successful common law action where a person has multiple eligibility e.g. MRCA/VEA
    • 4.4 Payment of damages to the Commonwealth
    • 4.5 Summary of the recovery and compensation provisions following a successful common law action
      • 4.5.1 Where a dependant successfully sues the Commonwealth in respect of a death
      • 4.5.2 Where a member sues the Commonwealth or a potentially liable member in respect to non-economic loss related to an injury or disease
      • 4.5.3 Where the MRCC takes over or institutes proceedings against a third party
      • 4.5.4 Where a person or a dependant recovers damages from a third party
    • 4.6 Payment of Private Insurance Benefits
    • 4.7 Defence Abuse Reparation Scheme payments
  • Ch 5 Permanent Impairment
    • 5.1 Overview
    • 5.2 Entitlement to Permanent Impairment Compensation
      • 5.2.1 Required Degrees of Impairment
      • 5.2.2 Aggravation
        • Aggravation of Signs and Symptoms s30
      • 5.2.3 Additional Permanent Impairment Compensation for Another Accepted Condition
      • 5.2.4 Additional Permanent Impairment Compensation for Deterioration
    • 5.3 When is an Impairment Likely to Continue Indefinitely?
      • 5.3.1 Have regard to
      • 5.3.2 The duration of the impairment
      • 5.3.3 The likelihood of improvement
      • 5.3.4 All reasonable rehabilitative treatment
      • 5.3.5 Any other relevant matters
    • 5.4 When is an Impairment Stable?
    • 5.5 Unreasonable Refusal to Medical Treatment, Examination or Rehabilitation Program
    • 5.6 Calculating Amount of PI Compensation Payable
      • 5.6.1 Initial Permanent Impairment Compensation Payment
      • 5.6.2 Additional PI Compensation Payment
      • 5.6.3. Age of medical evidence
      • 5.6.4 Reassessment of Tinnitus
    • 5.7 Date from which Permanent Impairment Compensation is Payable
      • 5.7.1 Initial Permanent Impairment Compensation Payment
      • 5.7.2 Additional Permanent Impairment Compensation Payment for a new condition
      • 5.7.3 Additional Permanent Impairment Compensation Payment for deterioration of accepted conditions
    • 5.8 Interim Permanent Impairment Compensation
      • 5.8.1 Eligibility criteria for interim permanent impairment payments
      • 5.8.2 Number of impairment points required for interim PI to be payable
      • 5.8.3 Amount of interim permanent impairment payable
      • 5.8.4 Determination of lifestyle rating where interim PI is payable
      • 5.8.5 Examples
      • 5.8.6 Recalculation of whole PI payment when interim condition stabilised
      • 5.8.7 Offering Interim Payments
      • 5.8.8 Worked Examples of Multiple Interim Payments - prior to 1 July 2013
    • 5.9 Deferrals
    • 5.10 Advising the Claimant
      • 5.10.1 PI claims and withdrawals
    • 5.11 Converting Weekly Amounts to Lump Sum
      • 5.11.1 Options for Conversion of Periodic Payments to Lump Sum
      • 5.11.2 Calculation of a Lump Sum Payment
      • 5.11.3 Electing a Lump Sum - Special Circumstances
      • 5.11.4 Payment of Lump Sum and when Interest Rates are Payable
    • 5.12 Additional Payment for Severe Impairment
      • 5.12.1 Subsection 80(1) - Eligibility for additional compensation payments
      • 5.12.2 Subsection 80(2) - Finding the relevant date
      • 5.12.3 Subsection 80(2) - Dependant
      • 5.12.4 Subsection 80(2) - Eligible Young Person
      • 5.12.5 Subsection 80(3) - Children born alive after but conceived before and adopted children
      • 5.12.6 Section 80(3) - IVF consideration
    • 5.13 Financial and Legal Advice for Permanent Impairment Compensation Payments
    • 5.14 Claimants Instituting Action for Damages (Common Law Action)
    • 5.15 Payment of Private Insurance Benefits
    • 5.16 Determining Level of Impairment and Lifestyle Effects
      • 5.16.1 GARP M - The Approved Guide
      • 5.16.2 R&C ISH
      • 5.16.3 Lifestyle Ratings
      • 5.16.4 Self-Assessed Lifestyle Ratings
      • 5.16.5 Use of psychologists
    • 5.17 Additional benefits associated with permanent impairment payments
      • 5.17.1 Pensioner Education Supplement
      • 5.17.2 Energy Payments
    • 5.18 Payment Practices
  • Ch 6 Incapacity Payments
    • 6.6 Commonwealth Superannuation
  • Ch 7 Compensation for Death
    • 7.1 Death = High Priority Claim
    • 7.2 Need For Accuracy in Death Claims
      • 7.2.1 Voluntary Assisted Dying
    • 7.3 Death Certificates
    • 7.4 In what circumstances is compensation following death available?
      • 7.4.1 Section 12 requirements
    • 7.5 Who may be entitled to compensation following death under the MRCA?
      • 7.5.1 Criterion 1: Who can be a 'Dependant'?
      • 7.5.2 Criterion 2: What degree of dependency did the person who meets criterion 1 have on the deceased?
    • 7.6 Need to claim compensation
      • 7.6.1 Late Claims for Compensation
      • 7.6.2 Claims by or on behalf of Deceased Dependant of Deceased member or former member
    • 7.7 Rate of Compensation Payments Payable to Dependants
    • 7.8 Compensation for Wholly Dependent Partners
      • 7.8.1 Who is a wholly dependent partner?
      • 7.8.2 Wholly Dependent Partner benefits
      • 7.8.3 Wholly Dependent Partner's payments
      • 7.8.4 Additional Compensation Following Death
      • 7.8.5 MRCA Supplement
      • 7.8.6 Clean Energy Supplement
      • 7.8.7 Gold card and MRCA Supplement
      • 7.8.8 To Whom is the compensation payable?
      • 7.8.9 Income Support Supplement
    • 7.9 Compensation for Eligible Young Persons
      • 7.9.1 Who is an Eligible Young Person?
      • 7.9.2 Lump Sum Compensation Payment to dependent eligible young persons
      • 7.9.3 Periodic Payments payable to dependent eligible young persons
      • 7.9.4 Gold card and MRCA Supplement
      • 7.9.5 Education Assistance
      • 7.9.6 Determining who is a dependent eligible young person and what compensation they are entitled to
      • 7.9.7 To whom is the compensation payable?
    • 7.10 Continuing Permanent Impairment and Incapacity etc payable to Wholly Dependent Partners and eligible young persons (Bereavement Payments)
    • 7.11 Compensation for Dependants other than Wholly Dependent Partners and Eligible Young Persons
      • 7.11.1 Lump Sum payable to 'Other Dependants'
    • 7.12 Other Compensation
      • 7.12.1 Compensation for Funeral Expenses
      • 7.12.2 Reimbursement of Medical Expenses of a Deceased Member
      • 7.12.3 Reimbursement of Transport Costs of the Body
    • 7.13 Compensation under the MRCA Where There are No Dependants
    • 7.14 Notification and Investigation of Death
      • 7.14.1 Notification of death and initial investigation
      • 7.14.2 ADF Accident/Incident Investigations
      • 7.14.3 Liaison With the ADF Unit and Defence Community Organisation
      • 7.14.4 Contact With the Partner/Dependants
    • 7.15 Claims by or on behalf of Deceased Member or Former Member
      • 7.15.1 Survival of Claims After Death of Claimant
      • 7.15.2 Survival of Right to Claim after Death
    • 7.16 Claims by Dependants
      • 7.16.1 Where the Death Results From an Accepted Condition
      • 7.16.2 Where Death has pre-dated or Forestalled Any Claim for Injury
    • 7.17 Taxation status of entitlements relating to death
    • 7.18 Centrelink Pensioner Education Supplement (PES)
    • 7.19 Claims Awaiting Coroner's Findings
  • Ch 8 Treatment for Injuries and Diseases
    • 8.1 Overview
    • 8.2 Treatment Pathways (sections 325 - 327)
      • 8.2.1 Moving a person between Treatment Pathways
      • 8.2.2 When a decision under section 327 is not required
    • 8.3 Treatment Pathway 1
      • 8.3.1 Reasonable Reimbursement
      • 8.3.2 Reasonable Pricing of Approved Medications
    • 8.4 Treatment Pathway 2
      • 8.4.1 Legislative Instruments
      • 8.4.2 MRCA Supplement
      • 8.4.3 Community Nursing Services
      • 8.4.4 Aids and Appliances
      • 8.4.5 Residential care for MRCA treatment card holders
      • 8.4.6 Treatment for eligible dependants
      • 8.4.7 Overseas Travel Vaccinations for Gold Card Holders
    • 8.5 Transferring the cost of treatment from the ADF to DVA
    • 8.6 Treatment and Service Provision for Severely Injured ADF Clients and Transitioning ADF Clients
    • 8.7 Other Provisions
      • 8.7.1 Treatment available under the VEA for eligible MRCA persons
      • 8.7.2 Travel provisions to attend treatment
      • 8.7.3 Transitional provisions for treatment
      • 8.7.4 Interaction between treatment and rehabilitation
      • 8.7.5 Delegations
      • 8.7.6 Reconsideration and Review of Treatment
      • 8.7.7 Access to treatment overseas
    • 8.8 CADET
    • 8.9 Summary
  • Ch 11 Overpayments & Miscellaneous Items
    • 11.0 Overview
    • 11.1 Indexation (Part 1)
      • 11.1.1 Overview of Statutory Increases
      • 11.1.2 Indexation of Pensions and Allowances
      • 11.1.3 Indexation Timetable
    • 11.2 Authority to obtain, maintain and disclose information including Tax File Number (TFN) (Part 2)
      • 11.2.1 Power to obtain information
      • 11.2.2 Commission may obtain information etc.
      • 11.2.3 Self-incrimination
      • 11.2.4 Offence for selling etc. goods provided under this Act without consent
      • 11.2.5 Giving information
      • 11.2.6 Judicial notice to be taken of certain matters
      • 11.2.7 Evidence
      • 11.2.8 Providing tax file numbers
      • 11.2.9 How to satisfy the request under section 412
      • 11.2.10 Compensation when request is not satisfied initially
    • 11.3 MRCA and DRCA Overpayment Policy
      • 11.3.1 Introduction
      • 11.3.2 Recovery
        • 11.3.2.1 The principles of recovery
        • 11.3.2.2 Limits on recovery
        • 11.3.2.3 Preferred methods of recovery
        • 11.3.2.4 Penalties for enforcing recovery
        • 11.3.2.5 Alternative methods of recovery
        • 11.3.2.6 Anomalous situations
      • 11.3.3 Write off
      • 11.3.4 Waiver
    • 11.4 Appropriation (Part 4)
    • 11.5 Special assistance (Part 5)
    • 11.6 General (Part 6)
    • 11.7 Miscellaneous items
      • 11.7.1 Payment into bank account etc.
      • 11.7.2 Payments at person's request
      • 11.7.3 Trustees for persons entitled to compensation
      • 11.7.4 Powers of the trustee generally
      • 11.7.5 Powers of Commonwealth etc. trustee to invest trust funds and Powers of investment for non-Commonwealth trustee
      • 11.7.6 Provisions applicable on death of person
      • 11.7.7 Amounts of compensation
      • 11.7.8 Service chiefs' delegation
      • 11.7.9 Regulations re modifications to Chapter 2 Parts 3 and 4 of Chapter4,
      • 11.7.10 The making of Regulations under the MRCA
  • Ch 12 Transitional Provisions
    • 12.1 Overview
    • 12.2 Liability
    • 12.3 Claims for Clinical Onset
      • 12.3.1 Condition occurred on or after 1 July 2004
      • 12.3.2 Condition relates to service on or after the 1 July 2004
      • 12.3.3 Claim Forms
    • 12.4 Claims for Aggravations
    • 12.5 Aggravation of SRCA Conditions
      • 12.5.1 Aggravation occurred on or after 1 July 2004
      • 12.5.2 Aggravation relates to service on or after 1 July 2004
      • 12.5.3 Recurrence of SRCA Conditions
      • 12.5.4 Claim for Clinical Onset and Aggravation
    • 12.6 Aggravation of VEA Conditions by MRCA Service
      • 12.6.1 Aggravation occurred on or after 1 July 2004
    • 12.7 Transitional Provisions - Permanent Impairment
      • 12.7.1 Reference table - determining which methodology applies
      • 12.7.2 Chapter 25 of GARP M
        • 12.7.2.1 Step 1
        • 12.7.2.2 Step 2
        • 12.7.2.3 Step 3
        • 12.7.2.4 Step 4
        • 12.7.2.5 Step 5
        • 12.7.2.6 Step 6
        • 12.7.2.7 Step 7
      • 12.7.3 Taking account of previous MRCA PI lump sums or periodic payments
      • 12.7.4 Determining the compensation factor
      • 12.7.5 Interim transitional cases
      • 12.7.6 Resting Joint Pain and Disfigurement & Social Impairment in transitional claims
      • 12.7.7 Total impairment rating
      • 12.7.8 Permanent Impairment Compensation Threshold
      • 12.7.9 Impairments of fingers, toes, sense of taste and smell and hearing loss
      • 12.7.10 Assessment of VEA and DRCA Condition
      • 12.7.11 DRCA conditions yet to stabilise
      • 12.7.12 VEA conditions yet to stabilise
      • 12.7.13 Inclusion of DRCA/VEA conditions where no PI/DCP has been paid
      • 12.7.14 Reconsiderations, reviews, and appeals
    • 12.8 Treatment
      • 12.8.1 Travel for treatment
      • 12.8.2 Treatment under the SRCA and the MRCA
      • 12.8.3 Treatment under the SRCA and MRCA Gold Repatriation Health Card
      • 12.8.4 White Card Repatriation Health Card Treatment under the VEA and the MRCA
      • 12.8.5 Gold Card Repatriation Health Card Treatment under the VEA and the MRCA
      • 12.8.6 Alterations, aids and appliances
    • 12.9 Rehabilitation
  • Ch 13 Special Rate Disability Pension
    • 13.1 What is Special Rate Disability Pension (SRDP)
    • 13.02 Investigating eligibility for Special Rate Disability Pension
    • 13.03 Choice to receive Special Rate Disability Pension
    • 13.04 Determination that the Commonwealth is liable to pay Special Rate Disability Pension
    • 13.05 Ongoing Management of SRDP cases
    • 13.06 Ceasing to meet the criteria for Special Rate Disability Pension
    • 13.08 Other benefits of being eligible for Special Rate Disability Pension
    • 13.07 Offsets
    • 13.09 Invalidity Service Pension
    • 13.10 Case studies
    • 13.11 Posthumous SRDP and compensation for dependents
    • 13.12 Ceasing payments when a person is imprisoned after conviction of an offence

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Accessed: 28 September 2023
URL: https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-9-other-benefits-under-military-rehabilitation-and-compensation-act-2004