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Instrument 2022 No.MRCC3 Other as made
This instrument enables grants to be made to assist dependants of members, former members and deceased members who would otherwise miss out on compensation or benefits due to mental illness or injury.
Administered by: Veterans' Affairs
Registered 10 Feb 2022
Tabling HistoryDate
Tabled HR14-Feb-2022
Tabled Senate28-Mar-2022

 

 

 

 

 

Military Rehabilitation and Compensation Commission

 

 

 

Military Rehabilitation and Compensation (Special Assistance) Instrument 2022

 

Instrument 2022 No. MRCC3

The Military Rehabilitation and Compensation Commission, under subsection 424(1) of the Military Rehabilitation and Compensation Act 2004, makes the following instrument:

 

 

 

Dated   this                3rd                           day of                          February                                 2022

 

 

The Seal of the Military Rehabilitation and                )  SEAL

Compensation Commission was affixed                    )

hereto in the presence of:                                            )

 

 

 

………………………………………………………………………………………………………………………………………………………………………………………………………..

ELIZABETH COSSON

KATE POPE

DONALD SPINKS

AM CSC

PSM

AM

Chair

Member

Member

 

……………………………………………………………………………………………………………………………………………………………………………..……………..……..…..

GWEN CHERNE

 

SUE WESTON

 

 

PSM

Member

 

Member

……………………………………………………………………………………………………………………………………………………………………………..……………..……..…..

REAR ADMIRAL

SARAH SHARKEY

 

WADE STOTHART

AM CSC RAN

 

DSC AM CSC

Member

 

Acting Member

             


 


 

1 Name

 

This instrument is the Military Rehabilitation and Compensation (Special Assistance) Instrument 2022.

 

2 Commencement

 

This instrument commences on the day after it is registered.

                                                                                              

3     Authority

 

This instrument is made under section 424 of the Military Rehabilitation and Compensation Act 2004.

 

4     Definitions

 

In this instrument:

 

Act means the Military Rehabilitation and Compensation Act 2004.

 

Note: expressions used in this instrument have the same meaning as in the Act – see section 13 of the Legislation Act 2003.

 

 

5     Prescribed circumstances

 

For the purposes of subsection 424(1) of the Act, the following circumstances are prescribed:

(a)    a person (the dependant) is or was a dependant of a member, former member or deceased member; and

(b)   the dependant has been diagnosed by a medical practitioner as suffering from a mental ailment, disorder, defect or morbid condition (whether of sudden onset or gradual development) or a mental injury; and

(c)    the dependant meets subparagraphs (b)(i) and (iii) of the definition of eligible young person in subsection 5(1) of the Act; and

(d)   the dependant is unable to meet subparagraph (b)(ii) of that definition solely because the mental ailment, disorder, defect or morbid condition, or mental injury, mentioned in paragraph (b), prevents the dependant from receiving full‑time education at a school, college, university or other educational institution; and

(e)    but for the circumstance mentioned in paragraph (d), the dependant would have been entitled to compensation or another benefit under this Act, or would have been so entitled if a claim was made in respect of that compensation or benefit.