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9.7 Payments From External Sources

At times DVA is approached and asked to calculate the amount of disability pension paid in respect of incapacity, prior to a settlement of a claim for damages or a Court hearing to award damages.  A solicitor representing the veteran usually makes this type of enquiry.  This may occur when a veteran sues the Commonwealth or another party for the same incapacity for which disability pension is being paid.  Sections 30G to 30K and 76 and 77 of the VEA provide the method for calculating the disability pension to be recovered prior to the veteran receiving the other compensation.  The amount to be recovered is the total amount of disability pension paid for the incapacity or death up to the time the other compensation is paid.  This amount may be calculated by using the arrears calculation screen in the mainframe.  Separate calculations are needed if the rate of disability pension has varied since the original grant.  If the veteran has other conditions accepted, a notional assessment will need to be prepared to identify the amount of disability pension paid in respect of the incapacity in question.  The amount to be recovered is calculated up to the current pension payday and the solicitor is advised of the estimated effect on benefits being paid.

 

The Department of Veterans' Affairs.

The portion of the disability pension paid in respect of the compensable condition.