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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 141

Working out normal earnings

  (1)   The normal earnings for a week for a person who was a Permanent Forces member immediately before last ceasing to be a member of the Defence Force means the amount worked out using the following formula:

Start formula Person's ADF pay for the week plus Person's allowance component for the week plus $100 end formula

Note:   The amount of $100 is indexed under section   183.

  (2)   The person's ADF pay for a week means the amount of pay that the person would have earned for the week as a Permanent Forces member if:

  (a)   the person were still a Permanent Forces member; and

  (b)   the person were not incapacitated for service.

Note:   The person's ADF pay for a week might be adjusted under Part   5.

  (3)   The person's allowance component for a week means the total amount of compensable pay - related allowances that would have been paid to the person for the week if:

  (a)   the person were still a Permanent Forces member; and

  (b)   the person were not incapacitated for service.

Note:   The person's allowance component for a week might be adjusted under Part   5.

  (4)   The Chief of the Defence Force must advise the Commission in writing of the date on which each compensable pay - related allowance would normally have ceased to be paid to the person if:

  (a)   the person were still a Permanent Forces member; and

  (b)   the person were not incapacitated for service.

  (5)   In this section:

"compensable pay-related allowance" for a person means a pay - related allowance:

  (a)   that was being paid to the person immediately before the person last ceased to be a member of the Defence Force; or

  (b)   that the person would have been paid after completing his or her initial training, as mentioned in section   189.



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