Set out below are some examples of the application of this legislative change.
Example 1
Discharge Date = 1 June 2000
Incapacity payments commence WEF 2 June 2000 and continue until today.
NWE is based on the rate payable for the rank and pay group at the time of discharge. NWE is increased in line with ADF salary increases up until 30 September 2001. Thereafter NWE can only be increased by reference to the WPI increase on 1 July 2002 and every 1 July thereafter.
Example 2
Discharge Date = 1 December 2001
Incapacity payments commence WEF 2 December 2001 and continue until today.
NWE is based on the rate payable for the rank and pay group at the time of discharge. NWE can only be increased by reference to the WPI increase on 1 July 2002 and every 1 July thereafter.
Example 3
Date of Injury = 1 June 2000
Incapacity payments (top ups) commence WEF 2 June 2000
Discharge Date = 1 December 2001
Incapacity payments continue periodically until today.
NWE is based on the rate payable for the rank and pay group at the time of injury. (The rank and pay group may then be increased in line with promotions but the classification level is eventually fixed at the rank and group actually attained at the time of discharge (S8(7) refers)). NWE for rank and pay group (for the top ups) can be increased in line with ADF salary increases up until 1 December 2001. Thereafter NWE can only be increased by reference to the WPI increase on 1 July 2002 and every 1 July thereafter.
Example 4
Date of Injury = 1 June 2000
Discharge Date = 10 July 2003
Incapacity payments commence 14 April 2004 backdated to 1 June 2000 (there is ample contemporary medical and other evidence supporting the loss).
NWE is based on the rate payable for rank and pay group at the time of injury (This may then be increased in line with promotions but the classification level is eventually fixed at the rank and group actually attained at the time of discharge (S8(7) refers)). NWE for the rank and pay group can be retrospectively increased in line with ADF salary increases up until 10 July 2003. Thereafter NWE can only be increased by reference to the WPI increase on 1 July 2004 and every 1 July thereafter.
Example 5
Discharge Date = 10 July 2001
Incapacity payments commence 14 April 2002 backdated to 10 July 2001 (there is ample contemporary medical and other evidence supporting the loss).
NWE is based on the rate payable for rank and pay group at the time of discharge. NWE for the rank and pay group can be retrospectively increased in line with ADF salary increases up until 30 September 2001. Thereafter NWE can only be increased by reference to the WPI increase on 1 July 2002 and every 1 July thereafter.