Military Rehabilitation and Compensation Act 2004

This section applies if:

apart from this section, the Commonwealth would be liable to pay an amount of compensation, worked out in accordance with subsection 125(1) or section 126, of $150 or less for a person’s incapacity for work for a week; and

the person:

is engaged in work; or

is receiving a pension under a Commonwealth superannuation scheme; or

has received a lump sum under a Commonwealth superannuation scheme; and

the Commission is satisfied that the degree of the person’s incapacity is unlikely to change; and

the person advises the Commission in writing that he or she chooses to receive a lump sum under this Division rather than weekly payments.

The Commonwealth might later be liable for weekly compensation if the person becomes unable to engage in work or stops receiving superannuation (see section 139).

The amount of $150 is indexed under section 404.

Instead of being liable to pay compensation for that week and future weeks, the amount of compensation that the Commonwealth is liable to pay is the amount of the lump sum worked out using the following formula:

This section might be affected by the following provisions:

sections 50, 52 and 329 (failure to undergo examination or rehabilitation program);

section 122 (persons who are imprisoned);

subsection 125(3) (nil and negative amounts).

In this section:

if the person’s service injury is sustained, or service disease is contracted, before the person turns the age that is 2 years before pension age—on the day before the person turns pension age; and

if the person’s service injury is sustained, or service disease is contracted, on or after the day on which the person turns the age that is 2 years before pension age—on the day before the person is no longer entitled to compensation under this Part.