20.11.3 Summary - Client both TPI for VEA and incap for SRCA
Where a delegate is about to determine an incapacity benefit but discovers that the client is already Totally and Permanently Incapacitated for VEA purposes:
- if the TPI is in respect of the same condition, the delegate should simply 'clear' the payment with the VEA administration in the usual way. Any effect on the VEA pension will be assessed and actioned by the relevant area within the Department.
- if the TPI is in respect of a different condition to that accepted under the SRCA, the delegate should determine that incapacity payments may not be made, as the employee already has a prior and continuing loss of 100% of work capacity for other reasons, making further loss impossible.
This has the overall effect that a client may access either a TPI pension under the VEA or Incapacity Payments under the SRCA (if entitled), but not both at once.
Source URL: https://clik.dva.gov.au/military-compensation-srca-manuals-and-resources-library/incapacity-handbook/ch-20-investigating-entitlement-payment/2011-applicant-incapacity-also-tpi-vea/20113-summary-client-both-tpi-vea-and-incap-srca