B52/1991 GUIDELINES ON ACTIONING OVERPAYMENTS RESULTING FROM THE NCC DISPUTE

DATE OF ISSUE:

GUIDELINES  ON ACTIONING OVERPAYMENTS RESULTING FROM THE NCC DISPUTE

This instruction provides guidelines to Branch Offices for actioning overpayments which arise either partly or wholly as a result of the NCC industrial dispute.

The Commission has an open discretion under s206 of the VEA to waive overpayments in circumstances it believes to be appropriate.

The guidelines for actioning overpayments are:

LOSS OF ELIGIBILITY

Under s56A of the VEA there is a statutory requirement to raise an overpayment where a person loses eligibility for service pension.  That part of the overpayment resulting either partly or wholly from inability to process during this dispute is to be formally waived for the period from the pay-day after the notification until the pay-day after the dispute ends on which the cancellation is effected.

.For cases where notification was within the permissible period, but processing was delayed due to the industrial dispute, cancellation/suspension is to be actioned from the end of the notification period.

.For cases where notification was not within the permissible period, and processing was delayed due to the industrial dispute, cancellation/suspension is to be effected from the day after the date of the event.

CHANGE IN CIRCUMSTANCES LEADING TO A REDUCTION

If notification was within the permissible time then reduce from the pay-day on which the reduction is effected.

If notification was not within the permissible time, under s56B of the VEA a statutory overpayment will be generated. That portion of the overpayment generated within the period from the pay-day after the notification until the pay-day after the dispute ends until the reduction is effected is to be formally waived.

DEATHS AND TRANSFERS FOLLOWING DEATHS

Where the period of the dispute does not exceed the period of bereavement payment then normal overpayment processes apply ie any pension payment is offset against the bereavement payment.

In cases where the dispute period continues after the bereavement period has ended, and as a result of the dispute dual payments are received from DSS/DVA because DVA was unable to stop payment, the overpaid DVA pension is to be formally waived.

In cases where the dispute period continues after the bereavement period has ended and overpayments are generated as a result by DVA then the overpayment is to be formally waived.

DP INCREASE OR GRANT OF WAR WIDOW OR DP PAYMENT

Where a DSS overpayment is caused as a result of the inability to process during the dispute period overpayments are to be recovered from the arrears in the usual manner.

DP REDUCTIONS

Where DP reductions are not implemented as a result of the dispute the resulting overpayments are to be formally waived.

FRAUD

Where an overpayment is caused by false or misleading statements by the client, or by deliberate fraud, then full overpayment recovery procedures should be pursued.

Lionel Woodward

President

Repatriation Commission