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In forceAmended2001 Revised Edition

36. Award in respect of total disability caused by aggravation of existing condition

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Amended

Last amended by an amending law of 2022.

(1)

This regulation applies to a member who suffers a disability, the degree of which is determined by the Armed Forces Council to be total disability —

(a)

that is caused as a result of aggravation, which starts on or after 1 January 2023, by service of a non‑attributable medical condition; and

(b)

that occurs within 7 years after the aggravation of the non-attributable medical condition.

(2)

The member mentioned in paragraph (1) is eligible for an award of 50% of the amount of the following awards which he would have been eligible for if the total disability had occurred as a result of an injury received in and which is attributable to service:

(a)

the award under regulation 26(2)(a);

(b)

any special award under regulation 35 or additional award under regulation 35A, or both.

Subregulation 1

This regulation applies to a member who suffers a disability, the degree of which is determined by the Armed Forces Council to be total disability —

(a)

that is caused as a result of aggravation, which starts on or after 1 January 2023, by service of a non‑attributable medical condition; and

(b)

that occurs within 7 years after the aggravation of the non-attributable medical condition.

Subregulation 2

The member mentioned in paragraph (1) is eligible for an award of 50% of the amount of the following awards which he would have been eligible for if the total disability had occurred as a result of an injury received in and which is attributable to service:

(a)

the award under regulation 26(2)(a);

(b)

any special award under regulation 35 or additional award under regulation 35A, or both.

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