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7.3 Statute of Limitations
7.3.1 — The statute of limitations is the time limit placed on the Repatriation Commission to commence recovery of a debt.
7.3.2Subsection 206(2) VEA provides that recovery of a debt cannot commence after the end of the 6-year period which commenced on the day an officer became aware, or could reasonably be expected to have been aware of the debt.
7.3.3Section 206 VEA provides that if the debt arose because of a false statement or representation, or because of non-compliance with a provision of the VEA, proceedings for recovery may commence any time within 6 years from the day on which an officer of the Department of Veterans' Affairs (DVA) became aware, or could reasonably be expected to have become aware of the circumstances that gave rise to the overpayment.
A Data-Matching examiner discovers on 10 January 2003, that a veteran's partner has been working part-time. When the circumstances are investigated, it is discovered that the partner has been working since 10 January 1995.
The overpayment has been incurred due to a failure to comply with a provision of the VEA. Therefore, the Commission has 6 years from 10 January 2003 to commence proceedings for recovery of the debt.
Once recovery has commenced, (whether by limitations to pensions, cash instalments, payment notice, etc), the statute of limitation provisions do not apply.