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9.9 Sections 30 and 76 Notice

Following the finalisation of a claim for damages, sections 30 and 76 require that the Repatriation Commission to prepare a written notice, which specifies the amount of the damages to be recovered by the Department of Veterans' Affairs.  A person with a Delegation under section 76 must sign this notice.  In the larger state locations the Delegation is available to EL1 and above and in the smaller locations APS6 and above.  Refer to the Delegation Instruments for your office. The section 30 or 76 notice must be forwarded to both parties involved in the action, preferably prior to any monies being released to the veteran.

In cases where the lump sum is paid prior to the payment of disability pension, the overpayment is to be recovered from the pension arrears owing to the veteran and a written notice is not required.  In cases where the pension arrears have been released a Section 30 or 76 notice is be prepared and forwarded to the veteran and an overpayment raised.