9.8 Where Damages Recovered under Specified State laws - Effect on ADB

In brief. Where a dependant receives a payment under one of the State 'specified laws' listed at 9.7, clause 10.5.15 of the Defence Determination 2000/1 performs for the ADB, essentially the same function that S119 does for the SRCA.

• The total amount of compensation payable can be expressed as:

(SRCA compo + ADB) LESS (amount awarded by specified State law).

• Where ADB has been paid before the State compensation, the dependant repays:

([SRCA S17 lump sum LESS S17(5) child payments made] + ADB)

OR

(amount awarded under specified State law)

i.e. whichever is less.

• Components of the (amount awarded under the State law) which do not have counterparts in the SRCA or ADB should not be taken into account when calculating entitlements or recoveries.