Commonwealth Consolidated Acts

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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 203

Determinations by Commission

  (1)   The Commission must determine that the Commonwealth is liable to pay a Special Rate Disability Pension to a person instead of compensation worked out under Division   2 of Part   4 if:

  (a)   the person is offered the choice under this Part; and

  (b)   the person makes the choice to receive the pension within the period applicable under section   201 and in accordance with section   202; and

  (c)   the Commission is satisfied that the person meets the eligibility criteria on the day on which the person makes the choice.

  (2)   The Commission must determine that a person is to continue to receive compensation worked out under Division   2 of Part   4 if:

  (a)   the person is offered a choice under this Part; and

  (b)   either:

  (i)   the person does not make the choice within the period applicable under section   201 and in accordance with section   202; or

  (ii)   the Commission is satisfied that the person does not meet the eligibility criteria on the day on which the person makes the choice.

  (3)   If the Commission makes a determination under subsection   (1) in relation to a person, a Special Rate Disability Pension is payable to the person instead of compensation worked out under Division   2 of Part   4 from the day on which the Commission becomes aware of the person's choice.



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