See Also
SRDP Procedures Manual [2]
Note: The procedures manual is available to DVA staff only. External users will find this link does not work.
SRDP is an ongoing payment that can be made to a former member in lieu of incapacity payments. The maximum weekly amount of SRDP is one half of the fortnightly rate of Special Rate (formerly known as Totally and Permanently Incapacitated) pension under the Veterans' Entitlements Act 1986 (VEA).
The rate of payment is adjusted in March and September yearly in line with the statutory changes to the Special Rate pension. The calculation of the rate of payment may further be adjusted in January and July each year when Commonwealth Superannuation Corporation adjust pension payments. Another adjustment occurs in July, in line with the statutory increase in permanent impairment compensation (see 13.7 Offsets).
Rehabilitation is an important feature of the Military Rehabilitation and Compensation Act 2004 (MRCA) and aims to provide injured members with the support they need to return to work where possible, or reach optimum health and wellbeing.
Most people will benefit from rehabilitation. During the rehabilitation process the Department will provide a range of benefits to meet a person's needs, including incapacity payments for lost income, ongoing treatment, and assistance with household and attendant care. However, at the end of this rehabilitation process, if a person still has a high level of disability and is unable to work more than 10 hours per week, they may choose to accept an offer of SRDP rather than ongoing incapacity payments.
A former member is eligible to make a choice to receive a SRDP if the delegate is satisfied the following criteria in subsection 199(1) of the MRCA [5] [5] are met:
a) as a result of one or more service conditions (refer to Chapter 2 Incapacity Payments [6] [6]), the former member
b) the former member has suffered an impairment that is likely to continue indefinitely (refer to Chapter 5 Permanent Impairment [7] [7]);
c) the former member's impairment constitutes at least 50 points (refer to Chapter 5 Permanent Impairment [7] [7]);
d) the former member is unable to undertake remunerative work for more than 10 hours per week, and rehabilitation is unlikely to increase the person's capacity to undertake remunerative work.
Section 199 (d) does not require an accepted condition is the sole reason for inability to work greater than 10 hours per week (i.e. there is no 'alone test').
The assessment of a person's eligibility for SRDP can be initiated by a delegate or by a person making a request for assessment of their SRDP eligibility.
Phrase | Clarification |
Remunerative Work | Any work for which labour is compensated. It does not include volunteer work for which non-labour costs are reimbursed, which may be used as a form of rehabilitation. |
Rehabilitation | Inclusive of all three of medical management, psycho-social and vocational forms of rehabilitation. |
Unlikely | Based on the probability over a five year period. Taken to have been satisfied if the relevant specialist believes that the probability that a person will improve (from any one of a vocational, medical and psycho-social perspective) in the next five years as a result of rehabilitation is less than even. |
Increase | Understood to be inclusive of any improvement (medical, psycho-social or vocational) in the capacity to undertake remunerative work, and not just the ability to work more hours per week. |
Establishing a person cannot work for more than 10 hours per week with a less than 50 percent probability that rehabilitation will improve the person’s capacity, within a 5 year period, for remunerative work, must be supported by evidence from the person's relevant specialist/s.
Any improvement in the person’s capacity (medical, pyscho-social or vocational) must be considered in the context of their capacity to undertake remunerative work.
Medical evidence should only be accepted from a registered or licensed medical practitioner. A specialist, especially a treating specialist, is to be preferred over a GP. However, a GP is accpetable where this is appropriate.
The following example illustrates when the use of a GP is appropriate. A veteran is 45 years of age and has 77 impairment points from a number of conditions. The veteran has been discharged for 10 years, recently reclassified to receive a class A CSC pension, and has been receiving incapacity payments for the past 5 years based on medical certification provided by the treating GP. Specialist information is out of date and cannot be reasonably considered as contradicting the more recent evidence. Previous rehabilitative programs have been unsucessful. Despite there being no current specialist opinion on the persons capacity to return to remunerative work, the weight of evidence available would support finding the person SRDP eligible.
A delegate may determine eligibility based on existing evidence or may choose to seek specific or additional evidence from the person’s relevant specialist in order to be satisfied that the person meets criteria 199(1)(d). There are no set time limits on how long medical evidence remains relevant for. Relevancy depends on the person’s conditions and circumstances, and the information provided at the time by the specialist i.e. whether the specialist set a review period. When considering and evaluating evidence, delegates may seek the opinion or guidance of a Contracted Medical Advisor (CMA).
A person does not have to have undertaken a DVA rehabilitation program or assessment in order to meet criteria 199(1)(d). A rehabilitation assessment specifically for determining SRDP eligibility is not required by the legislation in order to make a decision.
Where the person does not have a treating specialist or the treating specialist is unable to provide an opinion on whether the person’s capacity for employment could be increased by rehabilitation, a rehabilitation assessment by a DVA rehabilitation advisor or provider may be used to assist a delegate to make a decision. A DVA rehabilitation advisor or provider can facilitate engagement with the relevant specialist/s to consolidate medical and rehabilitation evidence. Together with information on the person’s current circumstances and capacity for employment, the advisor or provider should report on whether rehabilitation will likely increase this capacity.
SRDP eligibility should be determined based on consideration of the available evidence and all relevant factors, including the person’s circumstances and their level of impairment (i.e. impairment points). Evidence can include (but not limited to):
Delegates have flexibility to obtain further evidence, including a second opinion from a relevant medical specialist, or an opinion from a DVA rehabilitation advisor or provider where the existing evidence is in conflict or does not clearly support a decision to accept or deny eligibility for SRDP.
Subsection 199(2) provides that a delegate must, as soon as possible after becoming aware that a former member meets the criteria, offer the former member a choice, in writing, to take SRDP. The offer must specify the date on which it is made. A former member has 12 months from this date to make his or her choice. The delegate may extend the offer if there was delay in the former member receiving the offer or they did not receive the offer.
The choice must be made in writing on a form approved by the MRCC for this purpose. A choice cannot be changed once it is made. Subsection 202(3) states that before making the choice, a person must obtain financial advice from a suitably qualified financial adviser in respect of the choice.
Section 205 (1) provides compensation for the cost of financial advice to assist a former member in making the choice. From 1 July 2013, section 205 (2) provides for compensation for legal advice. Legal advice must be provided by a practicing lawyer. The legal advice must only aid in making a choice to receive SRDP and is not intended to cover legal advice that may be required in dealing with other matters such as family court disputes.
The sum of the total amount of compensation under subsections 205(1) and (2) must not exceed the statutory limit.
Delegates should note that compensation for the cost of financial and legal advice is also available to anyone who is assessed with 50+ impairment points. If the date on which an SRDP offer was made and the date on which the person is advised that his or her impairment was 50 points or more are the same, only one amount for financial and/or legal compensation is payable. If the notifications occur on different dates, then the advice fee may be payable twice (see Chapter 5 [7] [4] of this manual for more information on PI compensation).
Compensation for the cost of financial and legal advice is payable to the person making the claim or if that person so directs:
the person who gave the advice; or
any other person who incurred the cost of the financial and /or legal advice.
13.03.1 Choice to receive the Special Rate Disability Pension is not a one-time offer/one choice per offer
A person can exercise their choice only once per offer. The person cannot subsequently request to make a different choice for the previous offer at a later time. This includes situations where a person is approaching retirement age, and had previously chosen not to receive SRDP payment (i.e. continues to receive incapacity payment).
However, SRDP eligibility is not a ‘once only’ assessment and offer. Section 209 outlines the criteria under which SRDP is no longer payable (see section 13.06). If a person who has ceased to meet the criteria for receiving SRDP is later found to meet the criteria again, the person will be offered a new choice under section 200.
A person is not precluded from SRDP assessment and eligibility on the basis they are approaching retirement age.
The delegate must make a determination that the Commonwealth is liable to pay the SRDP if:
If the former member fails to make a choice to take the SRDP, or fails to meet the criteria on the day they chose to take the SRDP, the delegate must determine that they continue to receive incapacity payments.
SRDP payments commence on the date the delegate receives the former member's choice in writing to receive SRDP payments.
13.04.1 Eligibility for SRDP is a reviewable decision
If a person requests assessment of their SRDP eligibility and is found ineligible, a determination in writing under section 199 must be issued. The determination letter must include the delegate's reasons for decision and information about their right of review.
If a person’s SRDP eligibility is reviewed as a result of no longer meeting the criteria i.e. the person returns to work for more than 10 hours per week, a determination in writing under section 199 must be issued.
A SRDP eligible person can access rehabilitation assistance through DVA, whilst maintaining their SRDP eligibility. For example; where a person is granted SRDP eligibility while participating in rehabilitation program, and wishes to continue engaging in a rehabilitation program. Similarly a SRDP eligible person may request assistance via a rehabilitation program. A person is not limited to non-vocational rehabilitation only.
Where a SRDP eligible client is not participating in rehabilitation, their capacity to undertake rehabilitation should be considered at least every 5 years, as per standard procedures for ‘Category A’ incapacity payees or at any time the client requests assistance.
Section 209 [12] [2] of the MRCA states that SRDP is no longer payable if the former member's impairment from all service conditions constitutes fewer than 50 points, or if they are able to undertake remunerative work for more than 10 hours per week.
If a former member who has chosen to receive the SRDP later fails to meet the criteria, he or she is taken not to have chosen to receive the SRDP and they revert to incapacity payments based on the formula NE less AE.
SRDP is not payable to a former member during any period of imprisonment in connection with a conviction of an offence.
Re-assessment of SRDP should not be actively pursued unless the person has returned to remunerative work for more than 10 hours per week.
There may be cases where an SRDP eligible person subsequently returns to remunerative work. The person should be provided appropriate supports to sustain that employment, for example support available through a rehabilitation program. Where a person obtains employment for more than 10 hours per week their payments will revert to incapacity payments, and any AE from employment is held in calculations.
The existing medical evidence should indicate that a person is incapacitated due to their accepted condition/s, and this evidence should be used as the basis to make incapacity payments following return to work. If a person returns to work as part of a rehabilitation plan, appropriate medical guidance supporting the return to that employment should be obtained throughout the rehabilitation process.
It is likely that a person’s capacity for work will fluctuate over time. In the event that a person was SRDP eligible but is unable to continue in their employment to due to their injury/s, or the work ultimately proves to be unsuitable or unsustainable, the person should not be deemed with an ability to earn.
A new offer for SRDP should be made if the person again meets the SRDP eligibility criteria.
Once a person is eligible to receive SRDP, ceasing to meet the criteria at a later date (and being ineligible for SRDP at that time) will not remove eligibility for the ancillary benefits, such as the 'TPI' embossed Gold Card, access to MRCAETS for eligible young persons and coverage for death benefits. In these cases the legislation only requires that the person is eligible for SRDP or has satisfied the criteria for SRDP eligibility during some period of his or her life.
A person receiving Invalidity Service Pension (ISP) under the Veteran’s Entitlement Act 1986 (VEA), on the basis of being SRDP eligible, would cease to be eligible for ISP if the cease to meet the eligibility criteria for SRDP. This is because the person is not considered ‘permanently incapacitated for work’ for ISP purposes. As the person is no longer eligible for ISP, any Partner Service Pension (PSP), paid to the person’s partner also ceases.
If a person was receiving ISP on the basis of being SRDP eligible, a determination letter should be issued to cease eligibility and the income support area informed.
Link to the relevant determination: https://www.legislation.gov.au/Details/F2013L00997 [13]
Last updated 8 June 2011
Irrespective of whether a former member chooses to receive SRDP, or continue to receive incapacity payments, there are a few other benefits associated with eligibility to receive SRDP, even if the member chooses not to receive the payment.
A former member who is assessed as eligible to receive SRDP is automatically entitled to:
The Gold Card will be embossed with 'TPI' enabling access to various State and Local government concessions. Please note that concessions are not administered by DVA and no guarantees can be given in relation to what State and Local governments will provide.
Section 282 [12] provides that once a person has becomes eligible for a Gold Card by virtue of being eligible for SRDP, they retain the Gold Card even if they later cease to be eligible for SRDP.
A person who is eligible to receive SRDP may also be eligible for invalidity service pension under the VEA. Invalidity service pension is a tax free payment until the former member reaches age pension age, thereafter the payment continues but is assessable income for taxation purposes.
Invalidity service pensioners are eligible for a Pensioner Concession Card (PCC). The PCC provides similar rebates and concessions to the Gold Card. However, dependants of a service pensioner (a partner and dependent children) can also be listed on a PCC. This means that dependants are able to access many of the same concessions as the card holder, including the benefit of concessional rate prescription medicines listed on the Pharmaceutical Benefits Scheme. Please note that concessions are not administered by DVA and no guarantees can be given in relation to what State and Local governments and businesses may provide.
More ? [15]Former members receiving SRDP who have a dependant child are qualified for the Centrelink Pensioner Education Scheme (PES). This supplement is intended to assist with some of the ongoing costs of study. PES is not subject to an income or assets test.
Eligible former members must be undertaking “qualifying study”. The Guide to Social Security Law states that a person is undertaking “qualifying study” for PES purposes if:
they are enrolled in a course; OR
If a SRDP recipient is receiving invalidity service pension, and their partner is receiving partner service pension, then the partner will qualify for PES.
DVA clients receiving the following payments are also eligible for PES:
compensation for permanent impairment,
The PES is a fortnightly non-means-tested payment and a part rate is payable to students undertaking a concessional study load. The current rate of PES is available on the Centrelink website at the following address
https://www.humanservices.gov.au/individuals/services/centrelink/pensioner-education-supplement [17]
Eligible former members should be encouraged to contact Centrelink for further details.
Section 204 [2] of the MRCA [3] requires that the maximum weekly amount of SRDP that is payable or paid to a person be reduced by the sum of:
any weekly amounts that are being paid to the person under Part 2; and
if the person has chosen to convert all or part of one or more weekly amounts that were payable to the person under that Part to lump sums – those weekly amounts or those parts of those weekly amounts.
If the person is in receipt of Commonwealth Superannuation, an amount equal to 60% of the Commonwealth-funded portion of their weekly superannuation entitlement (lump sum and/or pension).
Note that any payment received for eligible young persons or for financial advice under Part 2 does not reduce the maximum amount of SRDP that could be payable to the person.
Section 14 of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 [4] provides that any SRDP is reduced by:
any Disability Compensation Payment, including above general rate pension, paid under the VEA; and
the current weekly equivalent of any lump sum compensation paid under the DRCA.
Offsetting PI Compensation
SRDP is offset dollar for dollar by the weekly value of any permanent impairment (PI) compensation that has or is being paid to the former member. All DRCA PI compensation is paid as a lump sum and MRCA PI compensation may be paid as a weekly amount or, all or part of the weekly amount, can be converted to a lump sum. If the PI compensation has been paid as a lump sum the compensation must be converted to a weekly equivalent to offset from the SRDP. The method to convert a PI lump sum payment to a weekly amount is different under the MRCA and DRCA.
Offsetting MRCA PI Compensation
MRCA PI compensation is originally paid as a weekly amount. If all or part of this compensation has been converted to a lump sum, SRDP is offset dollar for dollar by all or part of the total amount of periodic payment the person was receiving at the time they made the choice to convert to a lump sum. To calculate the weekly amount of PI compensation the person would be receiving, regardless of whether all or part of this payment was converted to a lump sum, the person’s compensation factor is multiplied by the maximum PI payment at the date the choice to receive a lump sum was made (this is a weekly amount).
Note: while the maximum MRCA PI payment amount is indexed annually on 1 July, the weekly amount that is offset from SRDP is not indexed where the person chose to convert some or all of their entitlement to a lump sum - it is always equal to the weekly amount at the time they chose to convert.
For the purposes of offsetting SRDP, DRCA Lump Sum PI is treated differently from MRCA lump sum PI. DRCA lump sums are converted to the current weekly amount (which has been indexed) as per the regulations prescribed under paragraph 14(2) of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004.
Converting Previous DRCA Lump Sums into Current Weekly Amounts
The Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Regulations 2020 item 6, sets out the method for converting lump sum payments under the DRCA into weekly amounts:
The aged based number is provided by the Australian Government Actuary by reference to the age of the person on the day on which the lump sum amount under the DRCA was paid to the former member and the gender of the former member.
The current lump sum amount means the amount worked out using the following formula:
'Maximum amount' means the maximum amount specified in subsection 24(9) of the DRCA as indexed in accordance with section 13.
'Previous lump sum' amount means the sum of any amounts previously:
(a) assessed as payable to the person under sections 24, 25 and 27 of the DRCA; and
(b) paid as a lump sum or lump sums.
Note: Care should be taken to ensure the amount determined is used, not the amount paid, This is because the amount paid may be different (less than) the amount determined.
'Relevant financial year' means the financial year in which an amount of compensation was paid to the former member under sections 24, 25 or 27 of the DRCA.
The amount to be reduced from SRDP for DRCA PI payment increases on 1 July annually, when the statutory increase in the maximum rate of PI occurs.
Offsetting Commonwealth Superannuation Payments
If the former member is receiving Commonwealth superannuation then the remaining SRDP is offset at 60 cents in the dollar (i.e. each dollar of Commonwealth-funded superannuation reduces the SRDP by 60 cents) for every dollar that is calculated.
The calculation of the offset amount should be reviewed in January and July each year when the Commonwealth Superannuation Corporation adjust pension payments.
*Note: A written determination is not required under the MRCA where the rate of SRDP is adjusted in line with statutory increases to the Special Rate Disability Compensation Payment, or the amount of offset is changed. The indexation of MRCA SRDP and changes to offsetting amounts occur 'automatically' (by virtue of s198 of the VEA, and s204 of the MRCA respectively) and no decision is required under the Act. However, Departmental correspondence referring to the adjustments is required. Incapacity Procedures Manual Chapter on Increases and adjustments provides further information.
The amount of superannuation that is used in reducing the SRDP is not counted as income for income testing purposes for VEA or social security income support purposes.The combined effects of these two offsetting provisions mean that the amount of SRDP payable to a former member may be less than their normal entitlement to incapacity payments. However, whereas incapacity payments are generally only payable until Age Pension age [5], SRDP is payable indefinitely. Additionally, the SRDP is exempt from income tax.
When SRDP is NOT offset by Commonwealth-funded Superannuation Payments
When a persons incapacity payments have not been offset by superannuation, their SRDP payment must not be offset either. There are two situations in which this will be the case:
There is no need for the SRDP delegate to undertake any investigation other than to establish whether incapacity payments were offset by superannuation. The SRDP delegate must rely on the expertise of the incapacity delegate who made the decision.
Overpayment of lump sum incapacity payment where a person elects to receive SRDP
Section 204A requires that if a former member elects to receive SRDP after accepting a lump sum incapacity payment, all or part of the lump sum will be considered an overpayment.
The amount of overpayment is calculated through a formula established through legislative instrument.
More ? [22] [6]
The overpayment amount is the original lump sum amount calculated under section 138 minus the lump sum amount calculated in the legislative instrument. The lump sum calculated in the legislative instrument represents the amount of incapacity payment paid for the period from the day the former member advised the Commission of his or her choice to accept the original lump sum to the day before the SRDP becomes payable.
The overpayment is a recoverable amount under section 415. The recovery of the overpayment may have implications for a former member's VEA or social security income support entitlements.
Last updated 9 September 2022
Former members who are eligible for SRDP are also taken to satisfy the permanent incapacity for work eligibility criterion for invalidity service pension.
More ? [25]
SRDP is exempt from the income test when assessing how much invalidity service pension can be paid. In contrast, incapacity payments are assessable.
Invalidity service pension is an income support payment that can be made to veterans and former members with qualifying service who are permanently incapacitated for work. Qualifying service includes service that is determined to be warlike service by the Minister for Defence.
A person is automatically accepted as being permanently incapacitated for work if they:
* Receiving includes where the amount received is nil due to receipt of compensation from another source or withholding of the payment to recover an overpayment.
Where none of the conditions for automatic acceptance are satisfied, a person is regarded as being permanently incapacitated for work if they:
Invalidity service pension cannot be paid until a person has lodged a proper claim. Once a male veteran or former member reaches age 65, and once a female veteran or former member reaches Age Pension age [26], they are no longer able to claim invalidity service pension*. However, if the person is already receiving invalidity service pension, and reaches age 65 or Age Pension age [26], the payment can continue. Invalidity service pension is not taxable when the recipient is under age 65 or Age Pension age [26]. Once an invalidity service pensioner reaches age 65 or Age Pension age [26], then the pension becomes subject to income tax.
*This apparent anomaly is currently under review.
More ? [27]
Invalidity service pension is subject to an income and assets test. The amount of pension that can be paid is therefore dependent on the income that a former member, and if applicable, his or her partner receives. It is also dependent on the value of assets that the member, or the member and his or her partner own. In assessing eligibility for invalidity service pension, the income and assets tests are applied and the test resulting in the lower rate is used in the pension rate calculation. If both test results are the same, the income reduced rate [28] is used. For the purpose of the income and assets test, if two people are members of a couple [29], they are treated as pooling their income and assets and sharing those resources equally.
In applying the income test, a person's gross income whether from within or outside Australia, less any permissible reductions for business income, is taken into account. A person can receive income up to a specified income free area, and still receive the maximum payment rate, as long as their assets do not exceed an assets value limit. Any assessable income of the person or the person's partner, in excess of the income free area [30], will reduce the maximum payment rate of invalidity service pension by 50 cents in the dollar. This 50 cent in the dollar reduction is called the income test taper rate. The resulting rate of pension that can be paid is the income reduced rate. If a person receives more income than the income limit at which service pension ceases, then invalidity service pension cannot be paid.
More ? [31]
If the former member is receiving Commonwealth superannuation then the remaining SRDP is offset at 60 cents in the dollar (ie each dollar of superannuation reduces the SRDP by 60 cents) for every dollar that is calculated (refer to Chapter 6: Incapacity Payments for further information). The amount of superannuation that is used in reducing the SRDP is not counted as income for income testing purposes for invalidity service pension or Centrelink disability support pension. However, any excess superannuation that remains after the SRDP is reduced to nil is regarded as income and is assessable under the income test.
If a person receives compensation payments for economic loss, such as incapacity payments, then the compensation recovery rules may apply. This has the effect of reducing the amount of invalidity service pension that can be paid to the former member, or if a lump sum is received, preventing payment of invalidity service pension for a specified period of time known as the lump sum preclusion period.
More ? [32]
Invalidity service pension will be assets tested when the:
A person can have assets up to and including the assets value limit and still receive the maximum rate of invalidity service pension, provided that their income does not exceed the income free area [30]. If the value of their assets exceeds the assets value limit, the maximum payment rate is reduced by 37.5 cents for every $250 over the limit. The result is the assets reduced rate. This rate is then compared to the income reduced rate and the lower rate, plus any remote area allowance payable, is the rate of invalidity service pension that will be paid. If a person's assets are of a greater value than the specified asset level at which service pension ceases, then invalidity service pension can not be paid
More ? [36]
If two people are partnered [29], they are treated as pooling their assets and sharing those assets equally. The assets value limit (AVL) of each member of a couple is lower than the limit for a person who is not a member of a couple. A person's assets value limit is also affected by whether they are considered to be a property owner [37], that is, they have a right or interest in their principal home [38] which provides them with reasonable security of tenure. A person or couple who are property owners have a lower assets value limit than a person or couple who are not property owners.
More ? [39]
The current income free area, income limits at which invalidity service pension ceases, and assets value limits can be found in the Pension rates charts in the Comp and Support reference library in CLIK.
More ? [40]
Invalidity service pension has similar eligibility criteria to a disability support pension from Centrelink.
In order to be qualified for disability support pension [41], a person must have a medical condition which attracts an impairment rating of 20 points or more under the impairment tables which form part of the disability support pension [41] legislation. A claimant who has an impairment rating of at least 20 points, must also have a continuous inability to work in order to be eligible for disability support pension [41]. Like invalidity service pension [34], disability support pension [41] is subject to an income [42] and assets test [43]. This means that the income [42] and assets [44] of the former member [45], and if applicable, their partner [46], are taken into account when determining whether disability support pension [41] can be paid, and if so, the rate at which it can be paid.
More ? [47]
It is important to note that the amount of Commonwealth superannuation that is used to offset SRDP is exempt from the income test for the calculation of invalidity service pension. This is because of the action of sections 5H(8)(zr [48]) and 5I [48] of the VEA. These sections require that the following formula be used to determine the amount of assessable superannuation income that remains, after SRDP is offset by Commonwealth superannuation amounts that a person receives:
Special Rate Disability Pension reduction amount X 10 / 6
Special Rate Disability Pension reduction amount means the amount by which the SRDP is reduced by reference to amounts of Commonwealth superannuation that the person has received or is receiving.
For example, where a person receives a Class A MSBS pension at the rate of $1,100 per week, and they have received permanent impairment compensation equal to $292.08 per week, the SRDP calculation is as follows:
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| Benefit | $ per week |
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| Current SRDP rate | $534.65 |
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| Less permanent impairment weekly equivalent | - $292.08 |
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| Equals | $242.57 |
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| Only $404.28 of the Commonwealth superannuation is offset to bring the SRDP amount back to $0. ($242.57 x 10 ?6 = $404.28) | $242.57 |
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| SRDP payable | $0 (tax free) |
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In this example the remainder of the Commonwealth superannuation, after SRDP is totally offset, is used in the income test for calculation of invalidity service pension, $1,100 - $404.28 = $695.72.
It is also important to note that the amount of permanent impairment compensation is offset prior to offsetting any Commonwealth superannuation.
The same offsetting for Commonwealth superannuation rules apply to disability support pension. Therefore, the amount of Commonwealth superannuation that is used to offset SRDP is exempt from the income test for the calculation of disability support pension. The example above would therefore apply equally to both disability support pension and invalidity service pension.
Guide to Social Security Law
http://www.facsia.gov.au/guides_acts/ssg/ssguide-3/ssguide-3.4/ssguide-3.4.1/ssguide-3.4.1.10.html [51]
Guide to Social Security Law
http://www.facsia.gov.au/guides_acts/ssg/ssguide-3/ssguide-3.6.html [62]
Age Pension Age refers to pension age [26] as defined under the Social Security Act 1991, that is, pension age for people other than veterans.
Age Pension Age refers to pension age [26] as defined under the Social Security Act 1991, that is, pension age for people other than veterans.
Age Pension Age refers to pension age [26] as defined under the Social Security Act 1991, that is, pension age for people other than veterans.
Age Pension Age refers to pension age [26] as defined under the Social Security Act 1991, that is, pension age for people other than veterans.
Last updated 24 August 2011
An ex-member who was medically discharged on 2 July 2010.
Normal Earnings$1,250.00 pw
Remuneration Amount$135.46 pw
Superannuation Pension$750.00 pw (Class A)
(Class A)
Adjustment %75% (post 45 weeks)
So the formula is:
75% x ($1,250.00 + $135.46) - $750.00 = $289.10 pw (plus $750.00 per week from Comsuper)
SRDP$556.85 pw tax free
Permanent Impairment Compensation with 50 impairment points and a lifestyle rating of 3 from warlike/non-warlike service (as at 1 July 2010) is equal to $148.67 pw
Option 1 - Incapacity Compensation with 50 impairment points from warlike/non-warlike service
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| Option 2 – SRDP option with 50 impairment points from warlike/non-warlike service |
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| Benefit | $ per week |
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| Benefit | $ per week |
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| Normal Earnings: |
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| Current SRDP rate | $556.85 |
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| ADF [65] pay | $1,250.00 |
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| Remuneration loading | $135.46 |
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| = | $1,385.46 |
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| 75 % of Normal Earnings = | $1,039.10 |
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| Less permanent impairment amount | - $148.67 |
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| = $408.18 |
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| Less Commonwealth superannuation | - $750.00 |
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| Less 60% of Commonwealth superannuation (60% x $750.00) | - $450.00 |
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| Compensation [66] payable | $289.10 per week Incapacity [67] (taxable) + $148.67 PI (non-taxable) = $437.77 |
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| SRDP payable |
$0 (tax free) |
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Invalidity Service Pension (rates current at 20 March 2011)
| Option 1 – Invalidity service pension with incapacity compensation and 50 impairment points from warlike/non-warlike service
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| Option 2 – Invalidity service pension with SRDP and 50 impairment points from warlike/non-warlike service |
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| Income [42] | $ per week |
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| Income [42] | $ per week |
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| Commonwealth Superannuation | $750.00 |
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| Current SRDP Rate | $556.85 |
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| (converted to a fortnightly amount) | $1,500.00 per fortnight |
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| Less permanent impairment amount
| - $148.67 |
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| Total SRDP that could be reduced by Commonwealth Super | = $408.18
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| Amount of superannuation payment [68] used to reduce the SRDP figure to nil (as per the formula contained in 5I [48] of the VEA)
| $408.18 X 10/6
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| Exempt amount under 5H(8)(zr [48]) of the VEA | = $680.30 |
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| Amount of assessable superannuation (for invalidity service pension [34] purposes) is therefore
| $750.00 – $680.30 |
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| = $69.70
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| Incapacity [67] payments | $289.10 per week = $578.20 per fortnight |
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| Total assessable income [42] ** Refer to notes below for further information. | $578.20 + $1,500.00 = $2,078.20 per fortnight |
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| Total assessable income [42] (weekly) | $69.70 |
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| Assets [44] Homeowner [69] with household assets [44] of $10,000 – income test [35] applies as assets [44] under assets value limit [33] |
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| Assets [44] Homeowner [69] with household assets [44] of $10,000 – income test [35] applies as assets [44] under assets value limit [33] |
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| Pension calculation |
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| Pension calculation |
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| Income [42] limit at which invalidity service pension [34] ceases | $1,578.20 per fortnight |
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| Fortnightly assessable income [42] | $69.70 (multiplied x 2) = $139.40 |
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| Yes |
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| N/A |
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| Invalidity service pension [34] payable per week | $0 |
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| Invalidity service pension [34] payable per fortnight (refer to 13.09 [70] for further details regarding “income free area [30]” and assessable income [42] for ISP purposes)
| $139.40 - $146.00 (income free area [30] limit) = $0 (assessable income [42])
Maximum ISP payment [68] is $729.30 per fortnight (or $364.65 per week)
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| Total DVA [71] payment [68] per week
| $289.10 Incapacity [67] (taxable) + $148.67 PI (non-taxable) = $437.77 |
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| Total DVA [71] payment [68] per week
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= $364.65 ISP (non-taxable while the recipient is under age pension age [72])* See below.
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Total possible payments – Case Study 1
Incapacity payment option | SRDP payment option | ||||
| Taxable payment | Non-taxable payment |
| Taxable payment | Non-taxable payment |
Superannuation | $750.00 |
| Superannuation | $750.00 |
|
Incapacity payment | $289.10 |
| SRDP |
| 0 |
PI |
| $148.67 | PI |
| $148.67 |
ISP |
| $0 | ISP |
| $364.65 |
Total payment option is therefore
| $1,039.10 taxable | $148.67 non-taxable
| Total payment option is therefore
| $750.00 taxable | $513.32 non-taxable |
* Invalidity service pension becomes taxable when a person reaches age pension age.
** Incapacity payments are payments in respect of economic loss and therefore may trigger compensation recovery provisions where the recipient is under pension age. For such cases, the amount of invalidity service pension payable to the compensation recipient is reduced on a dollar for dollar basis by the incapacity payments.
In making the decision about which payment option to pursue, the person would need to consider the total value of payments which are taxable and those which are non-taxable.
This case study assumes that the former member is single, and so the single income free area has been used.
If the former member is a member of a couple, then:
The same ex Private Pay Group 2, but assessed with 80 impairment points.
Permanent Impairment Compensation with 80 impairment points is equal to $292.08 pw
| Option 1 - Incapacity Compensation with 80 impairment points from warlike/non-warlike service
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| Option 2 – SRDP option with 80 impairment points from warlike/non-warlike service |
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| Benefit | $ per week |
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| Benefit | $ per week |
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| Normal Earnings: |
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| Current SRDP rate | $556.85 |
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| ADF [65] pay | $1,250.00 |
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| + |
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| Remuneration loading | $135.46 |
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| = | $1,385.46 |
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| 75 % of Normal Earnings = | $1,039.10 |
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| Less permanent impairment amount | - $292.08 |
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| Less Commonwealth superannuation | - $750.00 |
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| Less 60% of Commonwealth superannuation (60% x $750.00) | - $450.00 |
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| Compensation [66] payable per week | $289.10 Incapacity [67] (taxable) + $292.08 PI (non-taxable)
= $581.18
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| SRDP payable | $0 |
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| Option 1 – Invalidity service pension with incapacity compensation and 80 impairment points from warlike/non-warlike service
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| Option 2 – Invalidity service pension with SRDP with 80 impairment points from warlike/non-warlike service |
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| Income [42] | $ per week |
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| Income [42] | $ per week |
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| Commonwealth Superannuation | $750.00 |
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| Current SRDP Rate | $556.85 |
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| (converted to a fortnightly amount) | $1,500.00 per fortnight |
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| Less permanent impairment amount | - $292.08 |
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| Total SRDP that could be reduced by Commonwealth Super | = $264.77 |
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| Amount of superannuation payment [68] used to reduce the SRDP figure to nil (as per the formula contained in 5I [48] of the VEA)
| $264.77 X 10/6 |
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| Exempt amount under 5H(8)(zr [48]) of the VEA | = $441.28 |
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| Amount of assessable superannuation (for invalidity service pension [34] purposes) is therefore | $750.00 – $441.28 |
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| = $308.72 per week |
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| Incapacity [67] payments | $289.10 per week = $578.20 per fortnight |
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| Total assessable income [42] ** Refer to note field below for further information. | $578.20 + $1,500.00 =
$2,078.20 per fortnight |
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| Total assessable income [42] | $308.72 |
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| Assets [44] Homeowner [69] with household assets [44] of $10,000 – income test [35] applies as assets [44] under assets value limit [33] |
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| Assets [44] Homeowner [69] with household assets [44] of $10,000 – income test [35] applies as assets [44] under assets value limit [33] |
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| Pension calculation |
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| Pension calculation |
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| Income [42] limit at which invalidity service pension [34] ceases | $1,578.20 per fortnight |
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| Fortnightly assessable income [42] | $308.72 (multiplied x 2) = $617.44 |
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| Yes |
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| Invalidity service pension [34] payable per week | $0 |
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| Invalidity service pension [34] payable per fortnight (refer to 13.09 [70] for further details regarding “income free area [30]” and assessable income [42] for ISP purposes)
| $617.44 - $146.00 (income free area [30] limit) = $471.44 x 0.5 (taper rate [74] reduction) = $235.72 per fortnight
$729.30 (maximum ISP rate) - $235.72 = $493.58 per fortnight (or $246.79 per week) |
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| Total DVA [71] payment [68] per week
| $289.10 Incapacity [67] (taxable)* + $292.08 PI (non-taxable) = $581.18 |
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| Total DVA [71] payment [68] per week
| = $246.79 ISP (non-taxable while the recipient is under age pension age [72])* See below |
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Total possible payments – Case Study 1A
Incapacity payment option | SRDP payment option | ||||
| Taxable payment | Non-taxable payment |
| Taxable payment | Non-taxable payment |
Superannuation | $750.00 |
| Superannuation | $750.00 |
|
Incapacity payment | $289.10 |
| SRDP |
| 0 |
PI |
| $292.08 | PI |
| $292.08 |
ISP |
| $0 | ISP |
| $246.79 |
Total payment option is therefore
| $1,039.10 taxable | $292.08 non-taxable
| Total payment option is therefore
| $750.00taxable | $538.87 non-taxable |
*Invalidity service pension is taxable once a person reaches age pension age.
Incapacity payments are payments in respect of economic loss and therefore may trigger compensation recovery provisions where the recipient is under pension age. For such cases, the amount of invalidity service pension payable to the compensation recipient is reduced on a dollar for dollar basis by the incapacity payments.
This case study assumes that the former member is single, and so the single income free area has been used.
If the former member is a member of a couple, then:
A Corporal medically discharged from the Reserve on 3 April 2007. Normal earnings from part time civilian and reserve employment were less than the National Minimum Wage (NMW), so normal earnings have been assessed at the current rate of the NMW, $569.90 pw.
Normal Earnings$569.90 pw
Remuneration Amount — N/A
Superannuation — 0
Adjustment %75% (post 45 weeks)
So the formula is:
75% x $569.90 = $427.43 pw
SRDP$556.85 pw tax free
Permanent Impairment Compensation with 50 impairment points and a lifestyle rating of 4 from peacetime service is equal to $86.75 pw.
| Option 1 - Incapacity Compensation for a Reservist with 50 impairment points from peacetime service
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| Option 2 – SRDP option with 50 impairment points from peacetime service |
| ||
| Benefit | $ per week |
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| Benefit | $ per week |
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| Normal Earnings: |
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| ADF [65] pay | $569.90 |
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| Current SRDP rate | $556.85 |
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| 75 % of Normal Earnings = | $427.43 |
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| Less permanent impairment amount | - $86.75 |
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| Compensation [66] payable | $427.43 Incapacity [67] (taxable) + $86.75 PI (non-taxable) = $514.18 |
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| SRDP payable | $470.10 (tax free) |
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Note that incapacity benefits attract a dollar for dollar reduction against Centrelink Disability Support Pension (DSP) under the social security compensation recovery rules so DSP would not be payable to the recipient in option 1.
This person may be eligible for a DSP if s/he elects the SRDP option. SRDP is assessed under the ordinary income and assets test for DSP purposes. However, the amount that SRDP reduces DSP is effectively reimbursed in the form of the Defence Force Income Support Allowance (DFISA).
More ? [76]
The same ex Cpl Reservist but assessed with 80 impairment points.
Permanent Impairment Compensation with 80 impairment points is equal to $292.08 pw.
| Option 1 - Incapacity Compensation for a Reservist with 80 impairment points
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| Option 2 – SRDP option with 80 impairment points |
| ||
| Benefit | $ per week |
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| Benefit | $ per week |
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| Normal Earnings: |
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| ADF [65] pay | $569.90 |
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| Current SRDP rate | $556.85 |
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| 75 % of Normal Earnings = | $427.43 |
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| Less permanent impairment amount | - $292.08 |
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| Compensation [66] payable | $427.43 Incapacity [67] (taxable) + $292.08 PI (non-taxable) = $719.51 |
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| SRDP payable | $264.77 (tax free) |
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As mentioned in Case Study 1, the person would need to be clear about the total value of payments which are taxable and those which are non-taxable prior to making any decision.
Note that incapacity benefits attract a dollar for dollar reduction against Centrelink Disability Support Pension (DSP) under the social security compensation recovery rules so DSP would not be payable to the recipient in option 1.
This person may be eligible for a DSP if s/he elects the SRDP option. SRDP is assessed under the ordinary income and assets test for DSP purposes. However, the amount that SRDP reduces DSP is effectively reimbursed in the form of the Defence Force Income Support Allowance (DFISA).
More ? [77]
A claim for SRDP cannot be accepted after the death of a veteran. A SRDP claim is not required after death in order to pay compensation for dependents.
Liability cannot be accepted for SRDP after a veterans death because at least one of the eligibility criteria can not be met at the point in time the claim is being determined i.e. 199(1)(a) regarding incapacity payments. Section 199 operates prospectively only.
For dependants to be considered eligible under Section 12(2) and section 233, the Commission is able to retrospectively consider whether the deceased person would have met the eligibility criteria under section 199 at some point prior to death, however a SRDP determination to that effect is not required. Instead, a determination can be made under section 12(2) that a deceased person met the eligibility criteria of subsection 199(1) at some point during their life.
SRDP delegates may be able to assist in investigating and establishing whether the person would have met the SRDP criteria at some point prior to death.
Section 208 of the MRCA states the Commonwealth is not liable to pay Special Rate Disability Pension to a person for any period during which the person is imprisoned in connection with his or her conviction of an offence.
Section 208 is triggered only if the person is:
Note; only weekly SRDP or incapacity payments (through MRCA Section 122) are affected. Other compensation benefits the person may be entitled to receive such as Education Assitance for eligible young persons, the Gold Repatriation Health Card ('Gold Card') and ancillary benefits such as MRCA supplement and Energy supplement, are unaffected and continue to be payable.
While an offender may be 'imprisoned', this imprisonment is not always 'in connection with conviction of an offence.' Where there is no conviction of an offence, compensation entitlements are unaffected.
Incapacity Policy Manual Chapter 11.3 [86] provides detailed guidance and examples on the circumstances under which payments should be ceased. While the examples reference incapacity payments, MRCA Section 208 is applicable for SRDP payments.
Links
[1] https://clik.dva.gov.au/user/login?destination=comment/reply/18837%23comment-form
[2] https://clik.dva.gov.au/compensation-claims-procedures/special-rate-disability-pension
[3] https://clik.dva.gov.au/user/login?destination=comment/reply/18835%23comment-form
[4] https://clik.dva.gov.au/user/login?destination=comment/reply/18838%23comment-form
[5] http://www.comlaw.gov.au/Series/C2004A01285
[6] https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-6-incapacity-payments
[7] https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-5-permanent-impairment
[8] https://clik.dva.gov.au/user/login?destination=comment/reply/18839%23comment-form
[9] https://clik.dva.gov.au/user/login?destination=comment/reply/18836%23comment-form
[10] https://clik.dva.gov.au/user/login?destination=comment/reply/18844%23comment-form
[11] https://clik.dva.gov.au/user/login?destination=comment/reply/18848%23comment-form
[12] https://clik.dva.gov.au/service-eligibility-assistant-updates/all-determinations-order-date-signed-oldest-most-recent/determinations-under-mrca
[13] https://www.legislation.gov.au/Details/F2013L00997
[14] https://clik.dva.gov.au/user/login?destination=comment/reply/18842%23comment-form
[15] https://clik.dva.gov.au/book/export/html/18837#tgt-mmrca_chap13_ftn2
[16] https://clik.dva.gov.au/book/export/html/18837#tgt-mmrca_chap13_ftn3
[17] https://www.humanservices.gov.au/individuals/services/centrelink/pensioner-education-supplement
[18] https://clik.dva.gov.au/compensation-and-support-policy-library/part-5-income-support-allowances-and-benefits/58-fringe-benefits/582-pensioner-concession-card-pcc-and-associated-benefits/benefits-available-card-holders
[19] https://clik.dva.gov.au/book/export/html/18837#ref-mmrca_chap13_ftn2
[20] https://clik.dva.gov.au/compensation-and-support-policy-library/part-5-income-support-allowances-and-benefits/53-education-entry-payment-edep
[21] https://clik.dva.gov.au/book/export/html/18837#ref-mmrca_chap13_ftn3
[22] http://www.comlaw.gov.au/Details/F2013L01289
[23] http://auth-clik.dvastaff.dva.gov.au/military-compensation-reference-library/special-rate-disability-pension/8-processing-srdp-payments-increases-and-adjustments
[24] https://clik.dva.gov.au/user/login?destination=comment/reply/18843%23comment-form
[25] https://clik.dva.gov.au/book/export/html/18837#tgt-mmrca_chap13_ftn4
[26] https://clik.dva.gov.au/%23
[27] https://clik.dva.gov.au/book/export/html/18837#tgt-mmrca_chap13_ftn5
[28] clikpopup://DEF/Income reduced rate
[29] clikpopup://DEF/Member of a couple/Partnered
[30] clikpopup://DEF/Income free area
[31] https://clik.dva.gov.au/book/export/html/18837#tgt-mmrca_chap13_ftn6
[32] https://clik.dva.gov.au/book/export/html/18837#tgt-mmrca_chap13_ftn7
[33] clikpopup://DEF/Assets value limit (AVL)
[34] clikpopup://DEF/Service pension/er/SP
[35] clikpopup://DEF/Income Test
[36] https://clik.dva.gov.au/book/export/html/18837#tgt-mmrca_chap13_ftn8
[37] clikpopup://DEF/Property owner
[38] clikpopup://DEF/Principal home
[39] https://clik.dva.gov.au/book/export/html/18837#tgt-mmrca_chap13_ftn9
[40] https://clik.dva.gov.au/book/export/html/18837#tgt-mmrca_chap13_ftn10
[41] clikpopup://DEF/Disability Support Pension
[42] clikpopup://DEF/Income
[43] clikpopup://DEF/Assets Test
[44] clikpopup://DEF/Asset
[45] clikpopup://DEF/Member
[46] clikpopup://DEF/Partner
[47] https://clik.dva.gov.au/book/export/html/18837#tgt-mmrca_chap13_ftn11
[48] https://clik.dva.gov.au/service-eligibility-assistant-updates/all-determinations-order-date-signed-oldest-most-recent/determinations-under-vea
[49] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/31-service-pension-eligibility/313-invalidity-service-pension
[50] https://clik.dva.gov.au/book/export/html/18837#ref-mmrca_chap13_ftn4
[51] http://www.facsia.gov.au/guides_acts/ssg/ssguide-3/ssguide-3.4/ssguide-3.4.1/ssguide-3.4.1.10.html
[52] https://clik.dva.gov.au/book/export/html/18837#ref-mmrca_chap13_ftn5
[53] https://clik.dva.gov.au/compensation-and-support-policy-library/part-9-principles-determining-pension-rate/91-income-and-assets-test-principles/913-income-and-assets-tests/income-test
[54] https://clik.dva.gov.au/book/export/html/18837#ref-mmrca_chap13_ftn6
[55] https://clik.dva.gov.au/compensation-and-support-policy-library/part-9-principles-determining-pension-rate/911-compensation-recovery/9111-overview-compensation-recovery
[56] https://clik.dva.gov.au/book/export/html/18837#ref-mmrca_chap13_ftn7
[57] https://clik.dva.gov.au/compensation-and-support-policy-library/part-9-principles-determining-pension-rate/91-income-and-assets-test-principles/913-income-and-assets-tests/assets-test
[58] https://clik.dva.gov.au/book/export/html/18837#ref-mmrca_chap13_ftn8
[59] https://clik.dva.gov.au/book/export/html/18837#ref-mmrca_chap13_ftn9
[60] https://clik.dva.gov.au/csrefprcurr
[61] https://clik.dva.gov.au/book/export/html/18837#ref-mmrca_chap13_ftn10
[62] http://www.facsia.gov.au/guides_acts/ssg/ssguide-3/ssguide-3.6.html
[63] https://clik.dva.gov.au/book/export/html/18837#ref-mmrca_chap13_ftn11
[64] https://clik.dva.gov.au/user/login?destination=comment/reply/18840%23comment-form
[65] clikpopup://DEF/ADF
[66] clikpopup://DEF/Compensation
[67] clikpopup://DEF/Incapacity
[68] clikpopup://DEF/Supplementary amount/Payment
[69] clikpopup://DEF/Homeowner/s
[70] https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-13-special-rate-disability-pension/1309-invalidity-service-pension
[71] clikpopup://DEF/DVA
[72] clikpopup://DEF/Age Pension Age
[73] https://clik.dva.gov.au/book/export/html/18837#tgt-mmrca_chap13_ftn12
[74] clikpopup://DEF/Taper rate
[75] https://clik.dva.gov.au/book/export/html/18837#tgt-mmrca_chap13_ftn13
[76] https://clik.dva.gov.au/book/export/html/18837#tgt-mmrca_chap13_ftn14
[77] https://clik.dva.gov.au/book/export/html/18837#tgt-mmrca_chap13_ftn15
[78] https://clik.dva.gov.au/node/16873
[79] https://clik.dva.gov.au/book/export/html/18837#ref-mmrca_chap13_ftn12
[80] https://clik.dva.gov.au/book/export/html/18837#ref-mmrca_chap13_ftn13
[81] https://clik.dva.gov.au/compensation-and-support-policy-library/part-5-income-support-allowances-and-benefits/59-defence-force-income-support-allowance-dfisaceased-2022/591-overview-dfisa-ceased-2022
[82] https://clik.dva.gov.au/book/export/html/18837#ref-mmrca_chap13_ftn14
[83] https://clik.dva.gov.au/book/export/html/18837#ref-mmrca_chap13_ftn15
[84] https://clik.dva.gov.au/tags/srdp
[85] https://clik.dva.gov.au/tags/posthumous
[86] http://auth-clik.dvastaff.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/incapacity-policy-manual/11-reduction-suspension-and-cessation-incapacity-payments/113-ceasing-payments-when-person-imprisoned-after-conviction-offence