Commonwealth Numbered Regulations

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MILITARY REHABILITATION AND COMPENSATION REGULATIONS 2004 2004 No. 156 - REG 12

Normal and actual earnings — declared member not engaged in civilian work at time of incapacity and not undertaking career transition assistance (Act s 116)
(1)
For section 116 of the Act, this regulation applies to a declared member who:

(a)
for a week referred to in this regulation, was incapacitated for either or both service or work as a result of a service injury or disease; and

(b)
was a declared member when the service injury was sustained or the service disease was contracted; and

(c)
was not engaged in paid civilian work at the time of his or her incapacity, and is not undertaking career transition assistance.

(2)
The member's normal earnings for a week is the amount worked out by:

(a)
treating the member as if he or she were an incapacitated Reservist mentioned in section 94 of the Act; and

(b)
assuming, for the application of section 95 of the Act, that the member would have a civilian component worked out using the following table.

Item


Member's age


Member's circumstances


Normal earnings


1


16 or over


Member:

(a) is unable to continue full-time studies or enter the workforce as a result of the incapacity; and
(b) has undertaken a rehabilitation program


An amount determined by the Commission, having regard to the member's qualifications, skills and experience


2


Any age


Any other circumstances


Nil


(3) The member's actual earnings for a week is the amount worked out by:

(a)
treating the member as an incapacitated Reservist mentioned in section 94 of the Act; and

(b)
working out the amount that would be the member's actual civilian earnings if the member were an incapacitated Reservist.


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