Commonwealth Consolidated Acts

AUSTRALIAN DEFENCE FORCE COVER ACT 2015 - SECT 16

Payability of pension

  (1)   Invalidity pension is payable to an invalid who is classified as class A or class B.

Note 1:   Subdivision B provides for CSC to classify invalids according to their incapacity for civil employment. Class A invalids are those whom CSC determines as having at least 60% incapacity. Class B invalids are those whom CSC determines as having at least 30%, but less than 60%, incapacity.

Note 2:   The first classification takes effect when the invalid is medically discharged, even if the classification results from a determination made after the discharge: see section   21.

Rate of pension

  (2)   The annual rate of the pension on a day (the key day ) is:

  (a)   if the invalid is under 60 on the key day--the sum of:

  (i)   the basic annual rate of the pension for the invalid on the key day; and

  (ii)   the top - up annual rate of the pension on the key day worked out under section   17 for the invalid; or

  (b)   if the invalid is at least 60 on the key day--the basic annual rate of the pension for the invalid on the key day.

Cases in which pension is not payable

  (3)   This section has effect subject to:

  (a)   Subdivision C (which deals with incapacity for which pension is not payable); and

  (b)   section   44 (which deals with automatic conversion of small pensions to lump sums).

Note:   Even if a pension is payable under this section, payment of it may be stopped under Division   6 of Part   4 for failing to give information or submit to medical examination as required by CSC.