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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 199

Persons who are eligible to make a choice under this Part

             (1)  A person is eligible to make a choice under this Part if the Commission is satisfied that the person meets the following criteria (the eligibility criteria ):

                     (a)  at least one of the following applies:

                              (i)  the person is receiving compensation worked out under Division 2 of Part 4 as a result of one or more service injuries or diseases;

                             (ii)  the amount, under section 126, of the person's compensation for a week, as a result of one or more service injuries or diseases, is nil or a negative amount;

                            (iii)  the person has been paid a lump sum under section 138 in respect of the person's incapacity for work as a result of one or more service injuries or diseases;

                     (b)  as a result of the injuries or diseases, the person has suffered an impairment that is likely to continue indefinitely;

                     (c)  the Commission has determined under Part 2 that the person's impairment constitutes at least 50 impairment points;

                     (d)  the person is unable to undertake remunerative work for more than 10 hours per week, and rehabilitation is unlikely to increase the person's capacity to undertake remunerative work.

             (2)  The Commission must, as soon as practicable after becoming satisfied that a person meets the eligibility criteria, make the person a written offer of a choice under this Part. The offer must specify the date on which the offer is made.



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