Commonwealth Consolidated Acts

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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 76

Notifying the claimant

  (1)   If the Commission determines, under section   74, the weekly amount of compensation that is payable to a person under section   68 or 71, or determines the weekly amount of interim compensation payable to a person under subsection   75(2), the Commission must give the person a written notice:

  (a)   specifying that weekly amount; and

  (b)   specifying what percentage that weekly amount is of the maximum weekly amount of compensation that could be payable to a person under this Part; and

  (c)   advising the person that the person can choose, under section   78, to convert some or all of the weekly amount to a lump sum in accordance with that section.

Note 1:   Section   74 sets the maximum weekly amount of compensation that could be payable to a person under this Part. That amount is indexed under section   404.

Note 2:   If the Commission determines that no compensation is payable under this Part, the Commission is required to notify the person of that determination (see section   346).

  (2)   If the Commission determines under subsection   75(4) a weekly amount of compensation payable to a person that is more than the weekly amount determined for the person under subsection   75(2), the Commission must give the person a written notice:

  (a)   specifying the difference between those weekly amounts; and

  (b)   advising the person that the person can choose, under section   78, to receive a lump sum instead of the difference between those weekly amounts (whether or not the person has made a choice under that section in respect of the amount determined for the person under subsection   75(2)).

Note:   The amount of the lump sum is worked out under subsection   78(5).

  (3)   The notice must specify the date on which it is given.

  (4)   The notice may be included in the notice given under section   346.


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