|
TAX ALERT: PACMATE Annex 3.A, item 186. |
11.2.11 Entitlement
to a severe injury adjustment
11.2.12 Calculation
of the SIA
11.2.13 Who the SIA
is payable to
11.2.14 Interim
payment of SIA
|
1. |
A severe injury adjustment is payable in relation to a member under this Division if the member meets all these conditions. |
|
|
|
a. |
The member suffered a severe injury in relation to service in respect of which SRC Act compensation is payable. |
|
|
aa. |
The injury described in paragraph a of this subclause occurred on a date described in the following table. |
|
Item |
If the claim was... |
the severe injury must be... |
|
1. |
made in relation to an injury (other than a disease) for the purposes of the SRC Act |
suffered on or after 10 June 1997 but before 1 July 2004. |
|
2. |
made in relation to an injury that is a disease for the purposes of the SRC Act |
suffered on or after 10 June 1997. |
|
|
b. |
The degree of permanent impairment of the member as a result of the injury is finally determined, under section 24 of the SRC Act, to be not less than 80%. |
|
2. |
The SIA in relation to the member is the total of the amounts payable in relation to the member under this Division. |
|
|
3. |
The SIA is payable in addition to any SRC compensation that is payable in relation to the member in respect of the injury. |
|
|
4. |
The SIA is payable whether or not the member makes a request, under section 43 of the SRC Act, that the SRC compensation in respect of the injury not be paid to, or for the benefit of, the member. |
|
|
5. |
The SIA is payable whether or not the member chooses, under section 45 of the SRC Act, to begin proceedings in relation to damages. |
|
|
1. |
The basic
amount of SIA in relation to a member is this amount. A - B where: |
|
|
|
A |
is the total of the maximum amount of permanent impairment compensation payable under the SRC Act, plus $68,063.38. |
|
|
B |
is the total amount of SRC Act compensation payable
(or that would be payable but for a request under section 43 of the SRC Act
or an election under section 45 of that Act) to the member in respect of the
injury. |
|
2. |
An amount of $70,277.43 is payable, in addition to the basic amount, for each person who was a dependent child of the member at the time of the assessment of the member’s SRC compensation under section 24 of the SRC Act. Note: The dollar amounts in this clause are indexed. See: Division 6 clause 11.2.27. |
|
|
1. |
The SIA in relation to a member is payable to the member. |
|
2. |
However, if a dependent child amount is payable for a child and the member does not have primary responsibility for the daily care of the child, the dependent child amount is payable to a person who has primary responsibility for the daily care of the child. |
|
1. |
This clause applies if, under section 25 of the SRC Act, both these conditions are met. |
|
|
|
a. |
An interim payment of SRC compensation is made to the member in respect of the injury. |
|
|
b. |
The amount has been assessed on an interim determination that the degree of permanent impairment of the member is not less than 80%. |
|
2. |
An interim payment of SIA is payable to the member. |
|
|
3. |
The interim payment amount is this amount. A – B where: |
|
|
|
A |
is the total of the maximum amount of permanent impairment compensation payable under the SRC Act, plus $68,063.38 |
|
|
B |
is the maximum total amount of SRC Act compensation
payable (or that would be payable but for a request under section 43 of the
SRC Act or an election under section 45 of that Act) to the member in respect
of the injury. |
|
4. |
When, under section 24 of the SRC Act, the degree of permanent impairment of the member as a result of the injury is finally determined, there is payable to the member an amount of SIA equal to the difference (if any) between the basic amount and the interim payment amount. |
|
|
|
Note: The dollar amounts in this clause are indexed. See: Division 6 clause 11.2.27. |
|