Last amended: 15 August 2022
A person may be regarded as permanently incapacitated [2] for the purpose of invalidity service pension [2] without need to seek a medical examination where the person is:
A person may be regarded as permanently incapacitated for the purpose of invalidity income support supplement (ISS) without the need to seek a medical examination where the person:
People who provide evidence of being permanently blind in both eyes [2] are accepted as permanently incapacitated [2] without further investigation. A determination of being permanently blind in both eyes is made on the basis of evidence from an ophthalmologist. The Snellen Scale is the specified tool which must be used to gain a measure of visual acuity.
More → [3]
People who are permanently blind in both eyes may be engaged in casual or full-time work without affecting their eligibility for invalidity service pension [2] or invalidity ISS [2].
People in receipt of invalidity service pension or invalidity ISS because they are permanently blind in both eyes are not subject to the income or assets tests for pension purposes.
More → [4]
VEA → [5]
Pensioners in receipt of the special rate of Disability Compensation Payment [2] on a permanent basis either because they are Special Rate (T&PI) or are blind in both eyes [2], are automatically regarded as permanently incapacitated [2] (for the purpose of invalidity service pension). Where such a person claims invalidity service pension, there will be no requirement for further medical examination. Receipt of special rate is not an automatic qualification for invalidity ISS. However, in the majority of cases receipt of special rate would be sufficient to make a decision on permanent incapacity without further investigation.
In order to prevent veterans or invalidity ISS claimants being sent to medical examinations that are unnecessary, Commission has defined 'manifest'.
More → [6]
'Manifest' for service pension purposes means that the veteran clearly and obviously meets the invalidity service pension eligibility criteria, based on the presenting medical evidence available to the Department. No additional medical assessment or work capacity test is required for the decision maker to form an opinion regarding 'permanently incapacitated'.
For invalidity ISS purposes, the definition of manifest is the definition used in the Guide to Social Security Law. This is because permanent incapacity for invalidity ISS purposes is assessed by using the impairment tables in the Social Security Act.
More → [7]
'Manifest' means that the person is clearly and obviously medically qualified for invalidity ISS, based on the presenting medical evidence. No additional medical assessment is required for the decision-maker to form an opinion regarding medical qualification for invalidity ISS.
Permanent incapacity has two meanings depending on the context: (i) and (ii).
(i) for the purpose of invalidity service pension
pre 1/1/2000
The test of permanent incapacity for invalidity service pension [2] changed with effect from 1/1/2000. Prior to this date, a person was considered to be permanently incapacitated for work if the:
This prior test of permanent incapacity continues to apply (is saved) for persons who were receiving (or who had claimed) the invalidity payment prior to 1/1/2000.
post 1/1/2000
A person claiming service pension is permanently incapacitated for work for paragraph 37(1) (c) of the if the person:
A person satisfies this subsection if:
(ii) for the purpose of invalidity ISS
pre 1/1/2000
The test of permanent incapacity for invalidity ISS [2] changed with effect from 1/1/2000. Prior to this date, a person was considered to be permanently incapacitated for work if the:
This prior test of permanent incapacity continues to apply (is saved) for persons who were receiving (or who had claimed) the invalidity payment prior to 1/1/2000.
post 1/1/2000
A person claiming ISS is permanently incapacitated for work if:
A service pension is an income support payment broadly equivalent to the social security age and disability support pensions. It may be paid once a veteran or partner has reached the nominated age or is incapacitated for work.
A person may be regarded as permanently blind in both eyes where:
The Commission Guideline CM5829: Determining 'permanently blind', 'no useful sight' and 'blinded in both eyes' [18]may be instructive in making a blinded/blindness determination.
Permanent incapacity has two meanings depending on the context: (i) and (ii).
(i) for the purpose of invalidity service pension
pre 1/1/2000
The test of permanent incapacity for invalidity service pension [2] changed with effect from 1/1/2000. Prior to this date, a person was considered to be permanently incapacitated for work if the:
This prior test of permanent incapacity continues to apply (is saved) for persons who were receiving (or who had claimed) the invalidity payment prior to 1/1/2000.
post 1/1/2000
A person claiming service pension is permanently incapacitated for work for paragraph 37(1) (c) of the if the person:
A person satisfies this subsection if:
(ii) for the purpose of invalidity ISS
pre 1/1/2000
The test of permanent incapacity for invalidity ISS [2] changed with effect from 1/1/2000. Prior to this date, a person was considered to be permanently incapacitated for work if the:
This prior test of permanent incapacity continues to apply (is saved) for persons who were receiving (or who had claimed) the invalidity payment prior to 1/1/2000.
post 1/1/2000
A person claiming ISS is permanently incapacitated for work if:
A service pension is an income support payment broadly equivalent to the social security age and disability support pensions. It may be paid once a veteran or partner has reached the nominated age or is incapacitated for work.
ISS is an income support payment that may be paid to eligible war widows and widowers under the VEA and persons receiving wholly dependent partners' compensation under the MRCA, and who satisfy the means tests. It is an indexed rate, increased twice-yearly in March and September in line with changes to the cost of living and/or average wages. Income Support Supplement (ISS) legislation commenced on 20 March 1995. It is a payment created to replace the ceiling rate income support age, carer, wife and disability support pensions, paid to war widows/widowers by Centrelink.
Disability compensation payment (known before 2022 as disability pension), for the purposes of service pension, income support supplement and veteran payment, means:
Please note that the Disability Compensation Payment is legally a pension by way of compensation under the VEA so that concessional benefits under state, territory and local government legislation to pensioners/pensions under the VEA are not denied.
A person may be regarded as permanently blind in both eyes where:
The Commission Guideline CM5829: Determining 'permanently blind', 'no useful sight' and 'blinded in both eyes' [18]may be instructive in making a blinded/blindness determination.
Permanent incapacity has two meanings depending on the context: (i) and (ii).
(i) for the purpose of invalidity service pension
pre 1/1/2000
The test of permanent incapacity for invalidity service pension [2] changed with effect from 1/1/2000. Prior to this date, a person was considered to be permanently incapacitated for work if the:
This prior test of permanent incapacity continues to apply (is saved) for persons who were receiving (or who had claimed) the invalidity payment prior to 1/1/2000.
post 1/1/2000
A person claiming service pension is permanently incapacitated for work for paragraph 37(1) (c) of the if the person:
A person satisfies this subsection if:
(ii) for the purpose of invalidity ISS
pre 1/1/2000
The test of permanent incapacity for invalidity ISS [2] changed with effect from 1/1/2000. Prior to this date, a person was considered to be permanently incapacitated for work if the:
This prior test of permanent incapacity continues to apply (is saved) for persons who were receiving (or who had claimed) the invalidity payment prior to 1/1/2000.
post 1/1/2000
A person claiming ISS is permanently incapacitated for work if:
Links
[1] https://clik.dva.gov.au/user/login?destination=node/16857%23comment-form
[2] https://clik.dva.gov.au/%23
[3] https://clik.dva.gov.au/book/export/html/16857#tgt-cspol_part3_ftn236
[4] https://clik.dva.gov.au/book/export/html/16857#tgt-cspol_part3_ftn237
[5] https://clik.dva.gov.au/book/export/html/16857#tgt-cspol_part3_ftn238
[6] https://clik.dva.gov.au/book/export/html/16857#tgt-cspol_part3_ftn239
[7] https://clik.dva.gov.au/book/export/html/16857#tgt-cspol_part3_ftn240
[8] https://clik.dva.gov.au/compensation-and-support-reference-library/commission-guidelines/cm5829-determining-permanently-blind-no-useful-sight-and-blinded-both-eyes
[9] https://clik.dva.gov.au/book/export/html/16857#ref-cspol_part3_ftn236
[10] https://clik.dva.gov.au/compensation-and-support-policy-library/part-9-principles-determining-pension-rate/91-income-and-assets-test-principles
[11] https://clik.dva.gov.au/book/export/html/16857#ref-cspol_part3_ftn237
[12] clik://LEGIS/VEA/section 24
[13] https://clik.dva.gov.au/book/export/html/16857#ref-cspol_part3_ftn238
[14] https://clik.dva.gov.au/compensation-and-support-reference-library/departmental-instructions/2000/c052000-invalidity-service-pension-and-invalidity-income-support-supplement
[15] https://clik.dva.gov.au/book/export/html/16857#ref-cspol_part3_ftn239
[16] https://clik.dva.gov.au/book/export/html/16857#ref-cspol_part3_ftn240
[17] http://clik.dva.gov.au/legislation-library
[18] http://clik.dva.gov.au/compensation-and-support-reference-library/commission-guidelines/cm5829-determining-permanently-blind-no-useful-sight-and-blinded-both-eyes#