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Subparagraph 24(1)(a)(i) (i) the degree of incapacity of the veteran from war-caused injury or war-caused disease, or both, is determined under section 21A to be at least 70% or has been so determined by a determination that is in force; or
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The 70% degree of incapacity requirement only applies in relation to assessment periods on or after 22 December 1988, the date of commencement of amendments made by s.15 of the Veterans' Legislation Amendment Act 1988. For periods prior to that time 100% degree of incapacity is required: see
Walshe v. Repatriation Commission.It is important to note that it is a "degree of incapacity" not a rate of pension within the general rate that is required by subparagraph 24(1)(a)(i). They are not the same things. Despite its name, it is the function of the Guide to the Assessment of Rates of Veterans' Pensions (GARP) to determine a degree of incapacity, not a rate of pension: see ss.21A and 29.
The Act requires that a degree of incapacity be determined before any rate of pension is decided. The next step is to determine whether or not the veteran is entitled to the intermediate or special rate of pension. Only if that question is answered in the negative is a rate of pension within the general rate determined: see subsection 22(1) and section 21A.