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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 196

Working out compensation for parts of weeks

  (1)   The Commonwealth is liable to pay compensation under section   85, 86, 87 or 118 for a part of a week rather than a whole week if a person satisfies subsection   85(1), 86(1), 87(1) or 118(1) for the part of the week.

  (2)   The following formula sets out how to work out the amount of compensation that the Commonwealth is liable to pay to a person for a part of a week rather than a whole week:

Start formula start fraction Number of days in the part of the week over Number of days end fraction times Amount of compensation that the Commonwealth would be liable to pay to the person if the Commonwealth were liable to pay compensation for the whole week end formula

  (3)   In this section:

"number of days" means:

  (a)   if the person is entitled to compensation under section   118 and Division   6 of Part   4 applies to the person--7; and

  (b)   if the person is entitled to compensation under section   87--the number of days prescribed by the regulations in respect of the person; and

  (c)   otherwise:

  (i)   5; or

  (ii)   if the Commission determines another number as the number of days that the person would normally work in the part of the week--that other number.

Note 1:   Division   6 of Part   4 applies to former part - time Reservists who are incapacitated for work but who did not engage in civilian work before last ceasing to be a member of the Defence Force.

Note 2:   Section   87 applies to incapacitated cadets and declared members.

 



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