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SR 2004 No. 157 Regulations as made
Principal Regulations
Administered by: Veterans' Affairs
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR03-Aug-2004
Tabled Senate03-Aug-2004
Gazetted 25 Jun 2004
Date of repeal 25 Mar 2020
Repealed by Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Regulations 2020

Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Regulations 2004

Statutory Rules 2004 No. 1571

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004.

Dated 24 June 2004

P. M. JEFFERY

Governor-General

By His Excellency’s Command

DANNA VALE


  

  

1              Name of Regulations

                These Regulations are the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Regulations 2004.

2              Commencement

                These Regulations commence on 1 July 2004.

3              Definitions

                In these Regulations:

Act means the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004.

Note 1   Expressions used in these Regulations have the meaning given by subsection 4 (1) of the Act. For example:

·      MRCA

·      SRCA.

Note 2   Expressions used in these Regulations that are defined in the MRCA have the same meanings as they have in that Act. For example:

·      compensation

·      financial year

·      Special Rate Disability Pension.

4              Method of converting lump sum amounts paid under sections 24, 25 and 27 of SRCA into weekly amounts

         (1)   For paragraph 24 (3) (b) of the Act, this regulation sets out the method of converting into a weekly amount the sum of any previous payments of a lump sum to a person under sections 24, 25 and 27 of the SRCA.

Note   Subsection 14 (2) of the Act applies regulations made for paragraph 24 (3) (b) of the Act.

         (2)   For subregulation (1), and subject to regulation 5, the method is:

where:

aged based number means the number that is advised by the Australian Government Actuary by reference to the age of the person on the day on which the lump sum amount for section 24, 25 or 27 of the SRCA was paid to the person, and the gender of the person.

current lump sum amount means the amount worked out in accordance with subregulation (3).

         (3)   The current lump sum amount means the amount worked out using the following formula:

where:

maximum amount means the maximum amount specified in subsection 24 (9) of the SRCA, as indexed in accordance with section 13 of that Act.

previous lump sum amount means the sum of any amounts previously:

                (a)    assessed as payable to the person under sections 24, 25 and 27 of the SRCA; and

               (b)    paid as a lump sum or lump sums.

relevant financial year means the financial year in which an amount of compensation was paid to the person under section 24, 25 or 27 of the SRCA.

5              Weekly amount to be indexed

         (1)   For the application of these Regulations for subsection 14 (2) of the Act, the weekly amount worked out under regulation 4 is the weekly amount by which the maximum weekly amount of a Special Rate Disability Pension (SRDP) must be reduced in the first financial year in which the SRDP is payable.

Note   Section 203 of the MRCA provides the day from which an SRDP is payable.

         (2)   In the second and subsequent financial years in which the SRDP is payable, the indexation provisions of section 404 of the MRCA apply to the weekly amount worked out under regulation 4 as if a reference to dollar amount in that section is a reference to weekly amount.

Note

1.       Notified in the Commonwealth of Australia Gazette on 25 June 2004.