Commonwealth Consolidated Acts

MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 131

  (1)   If subsection   125(1) applies to a person, the amount of compensation that the Commonwealth is liable, under section   118, to pay to the person for a week (other than a week in respect of which section   129 or 130 applies) is worked out using the following formula:

  (2)   In this section:

"adjustment percentage" for a person for a week means the following percentage:

  (a)   if the person is not working during that week--75%;

  (b)   if the person is working for 25% or less of his or her normal weekly hours during that week--80%;

  (c)   if the person is working for more than 25% but not more than 50% of his or her normal weekly hours during that week--85%;

  (d)   if the person is working for more than 50% but not more than 75% of his or her normal weekly hours during that week--90%;

  (e)   if the person is working for more than 75% but less than 100% of his or her normal weekly hours during that week--95%;

  (f)   if:

  (i)   the person is working for 100% or more of the person's normal weekly hours during that week; or

  (ii)   subsection   (3) applies to the person in relation to that week;

    100%.

Note:   Section   132 defines normal weekly hours , normal earnings and actual earnings .

  (3)   This subsection applies to a person in relation to a week beginning on or after the commencement of this subsection and before 1   July 2023 if:

  (a)   the Commission is satisfied that, on one or more days in that week, the person is undertaking an approved rehabilitation program; and

  (b)   the Commission is satisfied that, on one or more days in that week and as part of that program, the person is undertaking full - time study.

  (4)   For the purposes of paragraph   (3)(b), a person is undertaking full - time study in the circumstances determined in an instrument under subsection   (5).

  (5)   The Commission may, by legislative instrument, determine circumstances for the purposes of subsection   (4).

  (6)   Without limiting subsection   (5), the instrument may provide that a person is undertaking full - time study in a period (such as, for example, a period of vacation) that does not fall within a study period.