Assessment of degree of incapacity
15 Assessment of degree of incapacity
Where the Commission or the Pensions Committee determines that an Australian mariner has become incapacitated as a direct result of having sustained a war injury:
in the case of a pilot—while on pilot duty; or
in every other case—in the course of employment as an Australian mariner;
the Commission, or the Pensions Committee, shall, subject to subsections (2) and (3), determine the degree of incapacity of the mariner according to the provisions of the Guide to the Assessment of Rates of Veterans’ Pensions as from time to time approved and in force under section 29 of the Veterans’ Entitlements Act 1986.
Subject to subsection (3), the degree of incapacity shall be determined as 10 per centum or a multiple of 10 per centum, but not exceeding 100 per centum.
The Commission or the Pensions Committee, as the case requires, may determine that the degree of incapacity of an Australian mariner from a war injury sustained by the mariner is less than 10 per centum (including nought per centum).
Paragraph 17A(1)(a):
Omit the paragraph, substitute the following paragraph:
a pension calculated under section 22A on the basis that, if the mariner had been a veteran entitled in respect of incapacity from war injury to a pension under Part II of the Veterans’ Entitlements Act 1986, section 24 of that Act would have applied to the mariner;
Paragraph 17A(1)(b):
Omit “paragraph 1 of Schedule 5 to the Repatriation Act 1920”, substitute “subsection 27(1) of the Veterans’ Entitlements Act 1986”.
Subsection 18(2):
Omit “the widow of an Australian mariner in the case of his death”, substitute “a dependant of a deceased Australian mariner, being a person who is the widow of the mariner,”.
Subsection 18(4):
Omit “in the case of his total incapacity is”, substitute “is, if the degree of the incapacity is 100 per centum,”.
Paragraph 18(4A)(b):
Omit the paragraph, substitute the following paragraph:
the Commission or a Pensions Committee is satisfied that, if the mariner were a veteran entitled, in respect of incapacity from war injury, to a pension under Part II of the Veterans’ Entitlements Act 1986, section 23 of that Act would apply to the mariner;
Subsection 18(7):
Omit “children of an Australian mariner”, substitute “dependants of a deceased Australian mariner, being dependants who are children of the mariner”.
Sections 19 and 20:
Repeal the sections.
Subsection 21(1):
After “Commission”, insert “or a Pensions Committee”.
Subsection 21(2):
Omit the subsection, substitute the following subsections:
Where:
an Australian mariner is being paid a pension under this Act in respect of incapacity:
from a war injury affecting the cerebro‑spinal system; or
from a war injury that has caused a condition similar in effect or severity to an injury or disease affecting the cerebro‑spinal system; and
the Commission or a Pensions Committee is of the opinion that the mariner has a need for the services of an attendant to assist the mariner;
the Commission or a Pensions Committee may grant to the mariner an allowance, called attendant allowance, at the rate of $57.40 per fortnight, for or towards the cost of the services of an attendant to assist the mariner.
For the purposes of the application of Schedule 2 to and in relation to an Australian mariner:
a leg, foot, hand or arm that has been rendered permanently and wholly useless shall be treated as having been amputated; and
where an Australian mariner has lost an eye or the Commission or a Pensions Committee is of the opinion that the eyesight of an Australian mariner is so defective that the mariner has no useful sight in that eye, the mariner shall be deemed to have been blinded in that eye.
Where the Commission or a Pensions Committee makes a decision with respect to an application for an allowance under this section, section 8A applies to and in relation to the decision in like manner as it applies to and in relation to a decision relating to a prescribed matter within the meaning of that section.
Section 22:
Repeal the section.
Section 22A:
Repeal the section, substitute the following section:
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