Commonwealth Consolidated Acts

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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 127

Amount of compensation for former members who are maintained in hospital etc.

Application of section

             (1)  This section applies to a person (the patient ) if:

                     (a)  the patient has been continuously maintained in a hospital or other institution as a result of a service injury or disease for at least one year; and

                     (b)  the patient is still being maintained as such a patient; and

                     (c)  the patient has:

                              (i)  no dependants; and

                             (ii)  no dependent young persons (see subsection (4)); and

                            (iii)  no carer for a dependent young person (see subsection (4)); and

                     (d)  subsection 125(1) would apply to the patient but for the operation of this section.

Amount of compensation

             (2)  The Commission must determine the amount of compensation that it considers reasonable that the Commonwealth is liable, under section 118, to pay to the patient for each week during which he or she is so maintained. However, the amount must be at least one-half of, and not more than, the amount of compensation that would otherwise have been payable to the patient for a week if subsection 125(1) had applied.

Matters to be considered

             (3)  In determining the amount, the Commission must have regard to:

                     (a)  the present and probable future needs and expenses of the patient; and

                     (b)  the period during which the patient is likely to remain a patient in the hospital or the other institution.

The Commission must not have regard to any other matter.

Definitions

             (4)  In this section:

"carer for a dependent young person" means a person:

                     (a)  who is wholly or mainly maintained by the patient; and

                     (b)  who has the care of a dependent young person (other than a person who has that care only because the patient remunerates that person for caring for the young person).

"dependent young person" means an eligible young person who is dependent on the patient.



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