6.2.4 Obligation requirements pre and post 1 November 1985; on/after 13 July 1999
6.2.4.1The Repatriation Act 1920 was amended in November 1985. Those amendments were carried over to the VEA by the transitional provisions and are the reason why a distinction is drawn between events pre and post 1 November 1985.
6.2.4.2 — Where the overpayment occurred prior to 1 November 1985, and the person failed to notify within the prescribed period, the commencement date is the payday that falls 14 days after the event. If however, the overpayment occurred after 1 November 1985 up to and including 12 July 1999, then the overpayment is calculated from the day following the event. Where the overpayment occurred on or after 13 July 1999, the overpayment is calculated from the day of the event if the person did not comply with their notification obligations, or from the day after the end of the notification period if the person did comply with their notification obligations.
6.2.4.3 — The table below illustrates the difference in effective dates for the commencement of an overpayment, depending on whether or not:
- the overpayment occurred pre/post 1 November 1985
- the overpayment occurred on or after 13 July 1999
- loss of basic eligibility or change in payability had occurred; and
- notification provisions were complied with.
|
Cause of overpayment |
on or after 13 July 1999 |
post 1 November 1985 |
obligation provisions VEA |
pre 1 November 1985 |
obligation provisions RA |
|
Loss of basic eligibility – notification received |
day after end of notification period |
end of notification period |
section 56/127 |
date of determination -Nil overpayment |
section 96/121 |
|
Loss of basic eligibility - failure to notify |
day of the event |
day after the event |
section 56B/127 |
payday after 14 days after event |
section 96/121 |
|
Change in rate payable notification received |
day after end of notification period |
date of determination - Nil overpayment |
section 56/127 |
date of determination - Nil overpayment |
section 96/121 |
|
Change in rate payable-failure to notify |
day of the event |
day after the event |
section 56B/127 |
payday after 14 days after event |
section 96/121 |
|
False/misleading statement |
day of the event |
Date of first payment based on incorrect information |
section 56H |
Date of first payment based on incorrect information |
section 53/121 |
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/overpayment-management-manual/ch-6-calculation/62-effective-dates/624-obligation-requirements-pre-and-post-1-november-1985-onafter-13-july-1999