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10.4 Identifying Offsetting Cases
Claims assessors should ensure that they check the claim form when initially granting pension to establish whether the veteran or member has declared that they have either lodged a claim for compensation from another source or received compensation from another source. In some cases it may be years before a third party claim is finalised and the veteran/member should be clearly and separately advised of their obligation to advise the Department of any future compensation payment. Disability pension recipients are obliged to notify the Department within 14 days if they receive or become entitled to receive any payment by way of compensation or damages from another source for a disability accepted by the Repatriation Commission as service related.
In all cases where a veteran has eligible service after 7 December 1972, VEA Delegates are to access VIEW – MRCA/SRCA Tabs, to establish whether liability has been accepted. If liability has been allowed for a condition affecting the same body system VEA Delegates must contact a SRCA Delegate to establish whether any monies have been paid under the SRCA. If any money has been paid, the payment of pension must be proessed manually, not via CCPS.
Section 25A:] requires particular attention. Where this section applies to a VEA claim, the Delegate must check whether any lump sum payment has been received under the SRCA. The Stateline, Procedures For Processing Disability Claims Affected By S25A Offsetting Provisions circulated on 1 December 2005, sets out the procedures in detail (TRIM reference: 0590783E).
Veterans' Entitlements Act 1986.
Military Rehabilitation and Compensation Act 2004
Safety, Rehabilitation and Compensation Act 1988