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VETERANS' ENTITLEMENTS ACT 1986 - SECT 108

Loss of earnings allowance

             (1)  The Commission may grant an allowance, called loss of earnings allowance, to a person in accordance with the provisions of this section.

             (2)  Loss of earnings allowance may be granted to a veteran, in respect of any loss of salary or wages, or loss of earnings on his or her own account from an occupation in which he or she is engaged, suffered by reason of:

                     (a)  the veteran's undergoing treatment for incapacity from a war-caused injury or a war-caused disease;

                     (b)  the veteran's having to wait for the supply of, or repairs to, an artificial replacement or other surgical aid or appliance necessitated by such an incapacity;

                     (c)  an investigation of a claim or application made by the veteran under Part II or of a pension granted to the veteran under that Part; or

                     (d)  the veteran's undergoing treatment associated with such an investigation;

for the period in respect of which the veteran suffered that loss.

             (3)  Where:

                     (a)  a veteran travels for the purpose of:

                              (i)  obtaining treatment;

                             (ii)  restoration of his or her health;

                            (iii)  being fitted with surgical aids or appliances or artificial replacements;

                            (iv)  an investigation referred to in paragraph (2)(c); or

                             (v)  any other matter related to the payment of a pension; and

                     (b)  the Commission authorizes a person to accompany the veteran as his or her attendant;

loss of earnings allowance may be granted to the attendant, in respect of any loss of salary or wages, or loss of earnings on his or her own account, suffered by reason of having so accompanied the veteran, for the period in respect of which the attendant suffered that loss.

             (4)  Where a claim for pension for a veteran or a dependant of a veteran:

                     (a)  is made by another person, as provided by section 16, on behalf of the veteran or dependant; or

                     (b)  is prosecuted by a person who is the legal personal representative of the claimant, or by a person approved under section 126, following the death of the claimant;

loss of earnings allowance may be granted to the person, in respect of any loss of salary or wages, or loss of earnings on his or her own account, suffered by reason of an investigation under section 17 of the claim for the period in respect of which the person suffered that loss.

             (5)  Subject to subsection (6), where, in any year, a veteran who is an employee of another person:

                     (a)  was granted leave of absence on account of illness for a period in respect of which the veteran was absent from his or her employment for a reason referred to in paragraph (2)(a), (b), (c) or (d);

                     (b)  was, during a subsequent period of that year, absent from his or her employment by reason of:

                              (i)  any illness or disease; or

                             (ii)  undergoing treatment related to any illness or disease;

                            other than a war-caused illness or a war-caused disease; and

                     (c)  has incurred loss of salary or wages as a result of absence from his or her employment referred to in paragraph (b) of this subsection;

loss of earnings allowance may be granted to the veteran, in respect of that loss of salary or wages, for the period in respect of which the veteran suffered that loss.

             (6)  Where, in a year, the period, or aggregate of the periods, for which loss of earnings allowance is payable to a veteran by virtue of subsection (5) has equalled:

                     (a)  the period, or aggregate of the periods, referred to in paragraph (5)(a) for which the veteran has been absent from his or her employment in that year; or

                     (b)  a period equal to the period credited, or notionally credited, in respect of the veteran for that year, under the terms and conditions of his or her employment, by way of sick leave credit (however described);

whichever is the less, loss of earnings allowance is not payable to the veteran by virtue of subsection (5) in respect of any part of the remainder of that year.

             (7)  Loss of earnings allowance is not payable to a person under this section in respect of any period in respect of which the person is paid pension under Part II at the rate specified in subsection 24(4).

             (8)  The amount of loss of earnings allowance payable to a veteran by virtue of subsection (2) or (5) in respect of loss of salary or wages, or of earnings on his or her own account, (in this subsection referred to as the relevant loss of remuneration ) suffered by the veteran in respect of a period (in this subsection referred to as the relevant period ) is:

                     (a)  an amount equal to:

                              (i)  unless subparagraph (ii) or (iii) applies--the amount of pension that would be payable to the veteran in respect of the relevant period if the veteran were a veteran to whom section 24 applied and the veteran's pension were required to be calculated at the rate specified in subsection 24(4) (in this subsection that amount of pension is referred to as the maximum amount in respect of the relevant period );

                             (ii)  if the veteran is in receipt of a pension under Part II--the amount by which the maximum amount in respect of the relevant period exceeds the amount of pension under Part II that is payable to the veteran in respect of the relevant period; or

                            (iii)  if the veteran is not in receipt of a pension under Part II but would be in receipt of such a pension but for the provisions of section 26, 30C or 30D or is in receipt of a pension under Part II that has been reduced in accordance with the provisions of that section--the amount by which the maximum amount in respect of the relevant period exceeds the amount of pension under Part II that would be payable to the veteran in respect of the relevant period if section 26, 30C or 30D, as the case requires, were omitted from this Act; or

                     (b)  an amount equal to the amount that the veteran would have earned, or could reasonably be expected to have earned, from the occupation referred to in subsection (2) of this section or from the employment referred to in subsection (5) of this section, as the case may be, in respect of the relevant period by way of salary or wages or of earnings on his or her own account less an amount equal to the sum of:

                              (i)  the amount (if any) earned by the veteran from that occupation or employment, or from any other occupation or employment, in respect of the relevant period by way of salary or wages or earnings on his or her own account;

                             (ii)  the amount (if any) that the veteran receives, or is entitled to receive, in respect of the relevant period, by way of compensation for the relevant loss of remuneration, under a law of the Commonwealth, a State, a Territory or a country other than Australia that makes provision for the payment of compensation or other benefits to persons in respect of incapacities arising out of, or in the course of, employment or caused by, or arising out of, the use of motor vehicles;

                            (iii)  the amount (if any) that the veteran receives, or is entitled to receive, from his or her employer by way of gratuity or other payment in respect of the relevant loss of remuneration suffered by the veteran in respect of the relevant period; and

                            (iv)  the amount (if any) that the veteran receives, or is entitled to receive, in respect of the relevant loss of remuneration suffered by the veteran in respect of the relevant period, under a contract, arrangement or agreement (including a contract of insurance), whether or not the veteran is a party to the contract, arrangement or agreement, but not being an amount of a kind referred to in subparagraph (ii) or (iii);

whichever is the lesser amount.

             (9)  The amount of loss of earnings allowance payable to a person by virtue of subsection (3) in respect of a period is:

                     (a)  the amount that would be payable to the person in respect of the period in accordance with paragraph (8)(b) if the person were a veteran who was entitled to be paid that allowance by virtue of subsection (2); or

                     (b)  the amount that would be payable to the person in respect of the period by way of pension under Part II if the person were eligible to be paid a pension under that Part, section 24 applied to the person and section 26, 30C or 30D did not apply to the person;

whichever is the lesser amount.

           (10)  The amount of loss of earnings allowance payable to a person by virtue of subsection (4) in respect of a period is such amount as the Commission considers reasonable in all the circumstances but not exceeding the amount that the person would have earned, or could reasonably be expected to have earned, in the period by way of salary and wages, or earnings on his or her own account.

           (11)  Loss of earnings allowance is not payable to a person under this section unless the person furnishes to the Commission such information (including certificates of medical practitioners or other persons) as is required by the regulations to be so furnished.

           (12)  In this section:

"leave of absence on account of illness " , in relation to a veteran who is an employee of another person, means leave of absence from the veteran's employment granted to the veteran without loss of earnings by reason of any illness or incapacity or treatment provided for an illness or incapacity.

"year " , in relation to a veteran who is an employee of another person, means the period of 12 months that commenced on the date on which, under his or her terms and conditions of employment, the veteran was last credited, or last notionally credited, with a period by way of sick leave (however described).

Note:          If section 25A applies to a veteran, the rate at which loss of earnings allowance is payable to the veteran is reduced in accordance with that section.



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