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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 118

Compensation for incapacitated former members

  (1)   The Commonwealth is liable to pay compensation to a person for a week if:

  (a)   the person is a former member; and

  (b)   the Commission has accepted liability for a service injury or disease of the person; and

  (c)   the service injury or disease results in the person's incapacity for work for the week; and

  (d)   a claim for compensation in respect of the person has been made under section   319.

Note:   This section might be affected by the following provisions:

(a)   sections   50, 52 and 329 (failure to undergo examination or rehabilitation program);

(b)   section   119 (aggravations etc.);

(c)   sections   120 and 121 (persons who are the age that is 2 years before pension age or older);

(d)   section   122 (imprisonment of persons);

(e)   section   138 (small amounts of compensation);

(f)   section   196 (compensation for part weeks).

  (2)   The amount of compensation that the Commonwealth is liable to pay is:

  (a)   if a person has chosen to receive a Special Rate Disability Pension under Part   6--the amount worked out under Part   6; or

  (b)   otherwise--the amount worked out under Division   2 of this Part.

Note:   The Commonwealth is not liable to pay compensation if the amount worked out under Division   2 is nil or a negative amount.


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