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18.104.22.168 — Section 96 in the Repatriation Act 1920 (Repat Act) contained provisions similar to those of section 121 in the Repat Act and section 127 VEA, and was carried forward in the Veterans' Entitlements (Transitional Provisions & Consequential Amendments) Act 1986. However, obligation notices issued under section 96 in the Repat Act specified that the pensioner must advise the Department within 14 days if the average weekly income in any period of 8 consecutive weeks exceeded a prescribed amount. It did not specify that the pensioner must advise the Department within 14 days if income exceeded a prescribed amount in any week. The method of calculating the effective date when an 8-week rolling period is involved is discussed in this manual's Chapter 6 Calculation. A prescribed rate notice issued prior to March 1985 constitutes a notice under section 96 in the Repat Act.
Note:Section 96 in the Repat Act contained a statutory obligation for the pensioner(s) to advise the Department of a change in circumstances or an event which would affect the rate of pension payable. There was no requirement for the issue of a notice by the Department in order to raise an overpayment.
22.214.171.124 — Some service pension claim and review forms (SP1, SP2 and SP3) in the past included a declaration signed by the pensioner to the effect that he/she undertook to advise the Department of any changes from the details declared in the form. These declarations have no legislative basis and they pose an impossible obligation on the pensioners. However, Section 96 in the Repat Act does not require the issuing of a notice in order to raise an overpayment.