This section outlines different aspects to be considered in determining a person's permanent incapacity for work.
Last amended: Invalidity service pension pre 1/1/2000 - definition of permanently incapacitated
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The definition of permanently incapacitated, for service pension purposes, changed on 1/1/2000. Prior to this date a person was considered to be permanently incapacitated for work if:
Cases prior to 1/1/2000 did not require a GARP [4] assessment, or that a determination be made in relation to the number of hours worked. This former standard of permanently incapacitated still applies to all recipients of invalidity service pension (and those who had submitted a claim) prior to 1/1/2000. Any reviews of continuing invalidity service pension entitlement for a veteran whose original determination predates 1/1/2000 must still be determined under the pre 1/1/2000 rules.
VEA ? [5]
For service pension purposes a person is taken to be permanently incapacitated for work if:
More ? [6]
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The definition of permanently incapacitated, for invalidity ISS purposes, changed on 1/1/2000. The pre 1/1/2000 test of permanent incapacity is the same as for invalidity service pension. Prior to this date a person was considered to be permanently incapacitated for work if the:
The same savings provisions that apply to invalidity service pension will apply for invalidity ISS recipients who had received, or who had claimed, invalidity ISS prior to this date.
VEA ? [11]
For income support supplement purposes a person is taken to be permanently incapacitated for work if:
More ? [12]
Invalidity service pension [4] is only intended to be granted to people with permanent disabilities. It should not be granted on a short-term or interim basis as more appropriate Australian Government Assistance Schemes are available to persons with short-term disabilities. For invalidity ISS purposes 'permanent' means for at least the next 2 years.
In certain situations a person may be regarded as permanently incapacitated without the need for a medical assessment. These situations require no further investigation and the person can be automatically considered to be permanently incapacitated.
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A person will be considered to have a permanent incapacity for work for pension purposes if they are prevented from permanently obtaining and retaining employment due to physical, intellectual and/or psychiatric impairment from all disabilities (whether accepted or not).
Permanent Incapacity Transitional Regulations 1999
http://www.comlaw.gov.au/comlaw/management.nsf/lookupindexpagesbyid/IP200400990?OpenDocument [16]
Permanent Incapacity Transitional Regulations 1999
http://www.comlaw.gov.au/comlaw/management.nsf/lookupindexpagesbyid/IP200400990?OpenDocument [16]
Social Security Act 1991: Schedule 1B – Tables for the assessment of work-related impairment
http://www.comlaw.gov.au/comlaw/management.nsf/lookupindexpagesbyid/IP200401781?OpenDocument [26]
Persons automatically considered to be permanently incapacitated
Section 3.6.3 Persons Automatically Considered to be Permanently Incapacitated [28]
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' [30]may be instructive in making a blinded/blindness determination.
Guide to the Assessment of Rates of Veterans' Pensions.
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' [30]may be instructive in making a blinded/blindness determination.
According to subsection 5D(2), incapacity from a war or defence-caused disease or injury is a reference to the effects of that injury or disease, and not a reference to the injury or disease itself.
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' [30]may be instructive in making a blinded/blindness determination.
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.
Last amended: 15 August 2022
To determine a person's incapacity for work, consideration is to be given to medical factors only. It is important that evidence is available to identify the disability/disabilities causing incapacity for work. For ISP this is normally gathered from the GARP forms generated by MAGPIES [4] and the Work Test Questionnaire form D0570. For invalidity-ISS this information is obtained using the Medical and Work Details form D0571.
More → [32]
Usually the treating doctor is the appropriate person to evaluate and advise on the effects of disability/disabilities on the person's employability and is asked to comment on things like:
Before applying the Repatriation Commission approved guidelines, an initial diagnosis would have been received from the treating doctor and the veteran would have undergone a medical assessment to ascertain GARP impairment points and/or an assessment of ability to work.
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If further evidence is required in order to make a decision, the decision maker has the discretion to send the claimant for an independent medical assessment. The following points are guidelines on when that discretion might be exercised:
VEA→
For service pension purposes, in deciding whether a disability/disabilities affects a person's capacity for work, factors such as the following are taken into account:
Work in this context is not necessarily limited to:
For invalidity ISS purposes, in deciding whether a medical condition is affecting a person's capacity to work for at least 30 hours per week at award wages or above, factors such as the following are taken into account:
The person needs to have, or have the potential to acquire, all the characteristics necessary to perform the work.
The following factors are not to be considered in the assessment of permanent incapacity for ISS purposes:
For more information on Medical Assessment GARP Permanent Incapacity Eligibility System go to MAGPIES (Start/Departmental/Applications/MAGPIES)
The Medical Assessment GARP Permanent Incapacity Eligibility System (MAGPIES) is a stand-alone computer system for Invalidity SP. It has three main functions:
There is a production version for “live” processing of cases, and a training version for training and practice. MAGPIES is not used to calculate impairment points for Invalidity ISS.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/16871%23comment-form
[2] https://clik.dva.gov.au/user/login?destination=node/16874%23comment-form
[3] https://clik.dva.gov.au/book/export/html/16871#tgt-cspol_part3_ftn224
[4] https://clik.dva.gov.au/%23
[5] https://clik.dva.gov.au/book/export/html/16871#tgt-cspol_part3_ftn225
[6] https://clik.dva.gov.au/book/export/html/16871#tgt-cspol_part3_ftn226
[7] https://clik.dva.gov.au/service-eligibility-assistant-updates/all-determinations-order-date-signed-oldest-most-recent/determinations-under-vea
[8] clikpopup://DEF/Special Rate (T&PI)
[9] https://clik.dva.gov.au/book/export/html/16871#tgt-cspol_part3_ftn227
[10] https://clik.dva.gov.au/book/export/html/16871#tgt-cspol_part3_ftn228
[11] https://clik.dva.gov.au/book/export/html/16871#tgt-cspol_part3_ftn229
[12] https://clik.dva.gov.au/book/export/html/16871#tgt-cspol_part3_ftn230
[13] clikpopup://DEF/Blinded/Blindness
[14] https://clik.dva.gov.au/book/export/html/16871#tgt-cspol_part3_ftn231
[15] https://clik.dva.gov.au/book/export/html/16871#tgt-cspol_part3_ftn232
[16] http://www.comlaw.gov.au/comlaw/management.nsf/lookupindexpagesbyid/IP200400990?OpenDocument
[17] https://clik.dva.gov.au/book/export/html/16871#ref-cspol_part3_ftn224
[18] https://clik.dva.gov.au/book/export/html/16871#ref-cspol_part3_ftn225
[19] https://clik.dva.gov.au/legislation-library
[20] https://clik.dva.gov.au/book/export/html/16871#ref-cspol_part3_ftn226
[21] https://clik.dva.gov.au/reports-studies-research-papers-library
[22] https://clik.dva.gov.au/book/export/html/16871#ref-cspol_part3_ftn227
[23] https://clik.dva.gov.au/book/export/html/16871#ref-cspol_part3_ftn228
[24] https://clik.dva.gov.au/book/export/html/16871#ref-cspol_part3_ftn229
[25] https://clik.dva.gov.au/book/export/html/16871#ref-cspol_part3_ftn230
[26] http://www.comlaw.gov.au/comlaw/management.nsf/lookupindexpagesbyid/IP200401781?OpenDocument
[27] https://clik.dva.gov.au/book/export/html/16871#ref-cspol_part3_ftn231
[28] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/36-permanent-incapacity/363-persons-automatically-considered-be-permanently-incapacitated
[29] https://clik.dva.gov.au/book/export/html/16871#ref-cspol_part3_ftn232
[30] http://clik.dva.gov.au/compensation-and-support-reference-library/commission-guidelines/cm5829-determining-permanently-blind-no-useful-sight-and-blinded-both-eyes#
[31] https://clik.dva.gov.au/user/login?destination=node/16829%23comment-form
[32] https://clik.dva.gov.au/book/export/html/16871#tgt-cspol_part3_ftn233
[33] https://clik.dva.gov.au/book/export/html/16871#tgt-cspol_part3_ftn234
[34] clik://RESEARCH
[35] https://clik.dva.gov.au/compensation-and-support-reference-library/commission-guidelines/cm5832-guidelines-psychiatric-compensation-claims-diagnosing-investigating-determining-assessing
[36] https://clik.dva.gov.au/book/export/html/16871#tgt-cspol_part3_ftn235
[37] https://clik.dva.gov.au/book/export/html/16871#ref-cspol_part3_ftn233
[38] clik://RESEARCH/G5-instrument
[39] https://clik.dva.gov.au/book/export/html/16871#ref-cspol_part3_ftn234
[40] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/36-permanent-incapacity/362-assessment-permanent-incapacity/assessment
[41] https://clik.dva.gov.au/book/export/html/16871#ref-cspol_part3_ftn235