Commonwealth Consolidated Acts

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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 105

Working out actual earnings

  (1)   The actual earnings for a week for an incapacitated Reservist means the amount worked out using the following formula:

Start formula Reservist's actual ADF pay for the week plus Reservist's actual pay-related allowances for the week plus Reservist's actual civilian earnings end formula

  (2)   The Reservist's actual ADF pay for a week means the amount of pay that the Reservist earns for the week as a part - time Reservist.

  (3)   The Reservist's actual pay - related allowances for a week means the total amount of compensable pay - related allowances (as defined in subsection   104(5)) that are paid to the Reservist for the week.

  (4)   The Reservist's actual civilian earnings means the greater of the following amounts:

  (a)   the weekly amount (if any) that the Reservist is able to earn in suitable work;

  (b)   the amount the Reservist earns (including from allowances other than expense allowances) for the week from civilian work that he or she undertakes for the week.

Note:   Section   181 sets out some matters the Commission must have regard to in determining how much the person is able to earn under paragraph   (4)(a).


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