Commonwealth Consolidated Acts

MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 139

  (1)   This section applies if:

  (a)   the Commonwealth has paid a lump sum to a person under section   138 in respect of the person's incapacity for work; and

  (b)   either:

  (i)   subparagraph   138(1)(b)(i) applied and the person's condition later deteriorates to the extent that the person is no longer able to engage in work; or

  (ii)   subparagraph   138(1)(b)(ii) applied and the person stops receiving the pension under the Commonwealth superannuation scheme; and

  (c)   the Commission is satisfied that the person's incapacity is likely to continue indefinitely.

  (2)   The Commonwealth is liable to pay compensation under section   118 for each week during which the person continues to be incapacitated for work.

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

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

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

(c)   section   122 (imprisonment of persons);

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

  (3)   The amount of compensation that the Commonwealth is liable to pay for a week is worked out using the following formula:

Note:   The Commonwealth is not liable to pay compensation if the amount worked out is nil or a negative amount (see subsection   125(3)).

  (4)   In subsection   (3):

"Subdivision C or D compensation amount" for a person for a week means the amount of compensation the person would have been paid for the week if Subdivision C or D had applied.

"weekly amount" has the same meaning as in subsection   138(3).