Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 164

Working out normal earnings

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

Note:          The amount of $100 is indexed under section 183.

             (2)  The person's full-time ADF pay for a week means the amount of pay that the person would have earned for the week as a Permanent Forces member if:

                     (a)  the person were still a Permanent Forces member; and

                     (b)  the person were not incapacitated for service.

Note:          The person's full-time ADF pay might be adjusted under Part 5.

             (3)  The person's allowance component for a week means the total amount of compensable pay-related allowances that would have been paid to the person for the week if:

                     (a)  the person were still a Permanent Forces member; and

                     (b)  the person were not incapacitated for service.

Note:          The person's allowance component might be adjusted under Part 5.

             (4)  The Chief of the Defence Force must advise the Commission in writing of the date on which each compensable pay-related allowance would normally have ceased to be paid to the person if:

                     (a)  the person were still a Permanent Forces member; and

                     (b)  the person were not incapacitated for service.

             (5)  In this section:

"compensable pay-related allowance" for an incapacitated person means a pay-related allowance:

                     (a)  that was being paid to the person immediately before completing his or her last period of full-time service; or

                     (b)  that the person would have been paid after completing his or her initial training, as mentioned in section 189.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback