Approved Guide to the Assessment of Rates of Veterans’ Pensions
29 Approved Guide to the Assessment of Rates of Veterans’ Pensions
The Commission may, in writing, determine a guide setting out:
criteria by reference to which the extent of the incapacity of a veteran resulting from war‑caused injury or war‑caused disease, or both, shall be assessed; and
methods by which the extent of that incapacity, as assessed in accordance with those criteria, shall be expressed as a percentage of incapacity from that injury or disease, or both, being a percentage not exceeding 100 per centum.
Determination must be approved by the Minister
A determination under subsection (1) has no effect unless the Minister has approved it in writing.
A determination under subsection (1) approved by the Minister and as in force from time to time is the Approved Guide to the Assessment of Rates of Veterans’ Pensions.
Variation or revocation of Approved Guide to the Assessment of Rates of Veterans’ Pensions
The Commission may, by written determination, vary or revoke the Approved Guide to the Assessment of Rates of Veterans’ Pensions.
A determination under subsection (3A) has no effect unless the Minister has approved it in writing.
Guide is binding
Where the Commission, the Board or the Administrative Review Tribunal is required to assess or re‑assess, or review the assessment or re‑assessment of, the extent of the incapacity of a veteran resulting from war‑caused injury or war‑caused disease, or both, the provisions of the Approved Guide to the Assessment of Rates of Veterans’ Pensions are binding on the Commission, the Board or the Administrative Review Tribunal, as the case may be, in, and in connection with, the carrying out by it of that assessment, re‑assessment or review, and the assessment, re‑assessment or review of the extent of that incapacity made by it shall be in accordance with the relevant provisions of the Approved Guide to the Assessment of Rates of Veterans’ Pensions.
Extent of incapacity
The percentage of incapacity of a veteran from war‑caused injury or war‑caused disease, or both, ascertained in accordance with the methods referred to in paragraph (1)(b) may be nought per centum.
In preparing criteria by reference to which the extent of incapacity of a veteran from war‑caused injury or war‑caused disease, or both, shall be assessed, or in varying those criteria, the Commission shall have regard to medical opinion concerning the nature and effect (including possible effect) of the injury or disease and the extent (if any) to which incapacity resulting from the injury or disease may reasonably be capable of being reduced or removed.
Legislative instruments
A determination under subsection (1) or (3A) made by the Commission and approved by the Minister is a legislative instrument made by the Minister on the day on which the determination is approved.
Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply in relation to the legislative instrument.
Incorporation of other instruments
Despite subsection 14(2) of the Legislation Act 2003:
a determination under subsection (1); or
a determination under subsection (3A) varying the Approved Guide to the Assessment of Rates of Veterans’ Pensions;
may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time.
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