Chapter 3 - Programs for other veterans
Purpose of this Chapter:
Certain veterans who are not in receipt of disability pension at the special rate or intermediate rate or invalidity service pension may participate in a rehabilitation program, whether they are in receipt of a pension or not. Rehabilitation programs under this Chapter may assist veterans:This Chapter provides the rules for their participation and the criteria by which applications and programs are assessed.
3.1 Participation in the Scheme by veterans other than those referred to in Chapter 2
Application for approval to participate in the Scheme
3.1.1
A veteran, other than a veteran who is in receipt of:(a) a pension at the rate provided for by section 23 or 24; or
(b) an invalidity service pension;
may apply to participate in the Scheme, as provided in this Chapter, by making an application:
(c) in writing; and
(d) in accordance with a form approved by the Commission for that purpose.
Approval of a rehabilitation program
3.2.1
The Commission may approve a rehabilitation program for a veteran having regard to:(a) the veteran's vocational, trade and professional skills, qualifications and experience; and
(b) the kinds of remunerative work which a person with the skills, qualifications and experience referred to in subparagraph (a) might reasonably undertake; and
(c) the veteran's capacity:
(i) to be retrained to undertake different kinds of remunerative work; or
(ii) following undertaking the program, to continue in the veteran's current employment on a long-term basis; and
(d) if the veteran is not currently engaged in substantial remunerative work -
(i) the type of remunerative work to which the program is likely to lead; and
(ii) the suitability of the proposed program in assisting the veteran to return to work (which may be a different type of work to that which the veteran previously undertook); and
(e) the degree to which the veterans' physical or mental impairment has affected the veteran's capacity to undertake the program; and
(f) the cost of the proposed program; and
(g) the relative merits of any alternative appropriate programs; and
(h) any other relevant matter.
Criteria for participation in the Scheme
3.2.2
The Commission may approve a veteran's participation in the Scheme only if the Commission is satisfied that the veteran is likely:(a) to complete an approved program satisfactorily; and
(b) to obtain a suitable paid employment outcome following completion of the approved program.
Note: "suitable paid employment outcome" is defined in paragraph 1.3.1.
Elements not normally included in an approved program
3.2.3
An approved program should not normally include an element to be provided at Commonwealth expense that a normally prudent person would be expected to provide for themselves in order to protect their employment.
Failure to comply with an approved plan or approved program
3.2.4
If the Commission is satisfied that a veteran:(a) has, without reasonable cause, failed to comply with, or participate in, an important element of an approved plan or vocational rehabilitation program; or
(b) is not capable of completing an approved program;
the Commission may determine that the veteran is no longer participating in, or undertaking, a rehabilitation program under this Chapter.
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