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184.108.40.206 Use of old versions of SRCA, VEA, and MRCA claim forms
Where the client has submitted a claim using the old form and the conditions are to be considered under one or more of the Acts, then the below steps must be followed:
If lodged on an old version SRCA form:
MRCA - accept the claim and obtain a completed Release Authority form. Please see 220.127.116.11 in the MRCA Manual for further information,
VEA - accept the claim as an informal claim under the VEA, but a formal VEA claim will still need to be lodged;
If lodged on an old version VEA form:
MRCA - accept the claim and obtain a completed Release Authority form,
SRCA - accept the claim and obtain a completed Release Authority form;
If lodged on an old version MRCA form:
SRCA - accept the claim and obtain a completed Release Authority form,
VEA - accept the claim as an informal claim under the VEA, but a formal VEA claim will still need to be lodged.
Sections 54 and 147 require a claim to be on a form approved by the MRCC, but also give some latitude where a written claim is not on the correct form. The correct form i.e. the 'form approved by the MRCC' means, for SRCA purposes, DVA Form D2020 (SRCA), D2051 (MRCA), or D2582 (VEA).
Prior to the inclusion of the Cross-Act Authority on these claim forms, the MRCC approved the use of the D2051 (MRCA) and D2582 (VEA) for SRCA claims where a Release Authority Form is completed by the client. This also applies for MRCA purposes, when a client lodges a claim under D2582 (VEA) and D2020 (SRCA), the claim can be accepted under MRCA once a Release Authority Form is completed. Note this does not include a medical certificate as specified in s54 as no such medical certificate is part of the SRCA DVA claim form. However, naturally, medical evidence will be required during the investigation to determine a nexus between the claimed condition and the claimant's ADF service.
Claims lodged on a D2051 (MRCA) or D2020 (SRCA) form for a VEA condition, can be accepted as an informal VEA claim, however a formal VEA claim will still need to be lodged.
These forms must also be used for claims under the 1971 Act and the 1930 Act. There are no separate forms required in respect to claims for injuries under these earlier Acts, and the older superseded forms are not satisfactory.
However, please note, the latest version of all claim forms allow the client to give their consent for the delegate to consider their claim under one or more of the Acts.
Old Defence claim forms, Comcare (civilian) claim forms and general correspondence are not to be accepted as a valid claim. This is because forms D2582 (VEA), D2020 (SRCA), and D2051 (MRCA) require the claimant to sign a very specific and necessary authority. This authority allows delegates to access personal or medical information and to also make inquiries of other Government agencies. No claim investigation should proceed until the claimant has signed this form. If a claim is submitted on a form other than a D2582 (VEA), D2020 (SRCA), or D2051 (MRCA) the delegate should forward a D2020 (SRCA) form to the claimant for completion and signature. A letter explaining the need to get the appropriate signed authorities should accompany the claim form.