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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 301

MRCA supplement not payable in some circumstances

People leaving Australia otherwise than temporarily

  (1)   A person who leaves Australia otherwise than temporarily is not eligible for MRCA supplement under section   300 after the day on which he or she left Australia.

Temporary absence from Australia

  (2)   A person who is temporarily absent from Australia and has been so absent for more than 26 weeks is not eligible for MRCA supplement under section   300 after the first 26 weeks of the absence.

When a person becomes eligible for MRCA supplement after leaving Australia

  (3)   The person mentioned in subsections   (1) and (2) again becomes eligible to receive MRCA supplement under section   300 on the later of the following days:

  (a)   the day on which the person returns to Australia; or

  (b)   the day on which the person notifies the Commission of his or her return to Australia.

When MRCA supplement is not payable

  (4)   Even though a person is eligible for MRCA supplement under section   300, the supplement is not payable to the person if:

  (a)   he or she is receiving veterans supplement under section   118A of the Veterans' Entitlements Act 1986 ; or

  (b)   he or she is receiving a pharmaceutical allowance under the Social Security Act 1991 ; or

  (c)   he or she is a wholly dependent partner of a deceased member; or

  (d)   he or she is receiving a social security payment (within the meaning of the Social Security Act 1991 ) for which a pension supplement amount (within the meaning of that Act) is used to work out the rate of the payment; or

  (e)   he or she is receiving a service pension (within the meaning of the Veterans' Entitlements Act 1986 ); or

  (ea)   he or she is receiving a veteran payment made under an instrument made under section   45SB of the Veterans' Entitlements Act 1986 ; or

  (f)   he or she is receiving pharmaceutical supplement under Part   3A of the Australian Participants in British Nuclear Tests and British Commonwealth Occupation Force (Treatment) Act 2006 ; or

  (g)   he or she is receiving pharmaceutical supplement under Part   4 of the Treatment Benefits (Special Access) Act 2019 .

  (5)   Paragraph   (4)(c) does not apply to a person who is a wholly dependent partner of a deceased member if:

  (a)   the member died before 20   September 2009; and

  (b)   at any time and in respect of the member's death, the person chose under section   236 to convert a percentage of the weekly amount mentioned in paragraph   234(1)(b) to a lump sum.



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