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12.7.8 SRCA conditions yet to stabilise
Last amended: 12 December 2014
If a person's SRCA condition has not stabilised for the purpose of a determination under section 24 of the SRCA, a MRCA PI determination cannot be made until the condition has stabilised and a determination regarding the amount of compensation payable (if any) is determined under the SRCA.
In this situation, the delegate may wish to offer an interim compensation payment, if the MRCA conditions alone meet the legislative criteria. However, it should be noted that once the SRCA condition has stabilised and compensation determined, any interim payment that has been made under the MRCA may result in an overpayment. In such a case, it is open to another delegate to revisit the amount of interim compensation paid via section 347 of the MRCA, providing the Veterans’ Review Board (VRB) and/or the Administrative Appeals Tribunal (AAT) have not made a decision relating to that determination. If an overpayment has resulted, the delegate can recover it under section 415 of the MRCA.
The other options open to the delegate are to delay the determination of the MRCA PI compensation claim until the SRCA condition stabilises and PI compensation has been paid under the SRCA or reject the claim for PI compensation under the MRCA. Any such action must be clearly communicated to the client or their nominated representative.