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9.2.1 General

9.2.1.1If a client is dissatisfied with a decision by a delegate of the Repatriation Commission which results in an overpayment being raised, the client has the right under the VEA to have that decision reviewed.

9.2.1.2There is no right of review under the VEA against the recovery of the overpayment. However, applications for review of the rate of recovery on hardship grounds are considered. A debtor may also request for a debt to be waived under section 206 VEA. For guidelines relating to waiver of a debt refer to this manual's Section 7.18 Waiver. Although debt recovery may not be reviewed under the VEA, the client does have other options for redress: - a complaint could be made to the Ombudsman or judicial review could be sought under the Administrative Decisions (Judicial Review) Act 1977 (sections 5 or 6). These are discussed further in this chapter.

Further information on the client's right of review in connection with recovery of a Centrelink debt by the Department of Veterans' Affairs is contained in this manual's Section 8.6.2 Right of Appeal in Chapter 8 Centrelink/DVA Recovery.

The rate of DFISA is determined by a simple mathematical formula based on the rate of social security income support and disability pension that the person is receiving and their partner's rate of disability pension. Therefore, there is no scope for such a decision to be reviewed under section 57 of the VEA. When a person is dissatisfied with the rate of DFISA that they are receiving, the concern may rest with the primary payment (the social security income support payment the person is qualified for) or the actual calculation of DFISA. If it is the primary payment that is of concern, a review should be instigated under social security law. If the problem is the calculation, although no formal procedure is in place, DVA should investigate all reasonable requests. Failing resolution, redress can be made through the Ombudsman, or judicial review could be sought under the Administrative Decisions (Judicial Review) Act 1977. These options are discussed further in this chapter.