Compensation Offsetting Guidelines
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines
1 Introduction
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/1-introduction
1.1 General Principles
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/1-introduction/11-general-principles
1.2 No Discretionary Power
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/1-introduction/12-no-discretionary-power
1.3 VEA Payments Affected
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/1-introduction/13-vea-payments-affected
1.4 Allowances not Payable if Disability Compensation Payment is Fully Offset
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/1-introduction/14-allowances-not-payable-if-disability-compensation-payment-fully-offset
1.5 What is Considered Compensation for Offsetting
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/1-introduction/15-what-considered-compensation-offsetting
1.6 Who is affected?
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/1-introduction/16-who-affected
1.7 Exclusions
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/1-introduction/17-exclusions
1.8 Legal Costs
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/1-introduction/18-legal-costs
1.9 Operation of Chapter 19 of GARP V and interactions with offsetting
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/1-introduction/19-operation-chapter-19-garp-v-and-interactions-offsetting
2 Sources of other Compensation
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/2-sources-other-compensation
2.1 Safety, Rehabilitation and Compensation Act 1988 (SRCA) Benefits
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/2-sources-other-compensation/21-safety-rehabilitation-and-compensation-act-1988-srca-benefits
2.2 Military Rehabilitation and Compensation Act 2004 (MRCA) Benefits
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/2-sources-other-compensation/22-military-rehabilitation-and-compensation-act-2004-mrca-benefits
2.3 Incapacity Payments
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/2-sources-other-compensation/23-incapacity-payments
2.4 Fortnightly Incapacity Payments Redeemed Under Section 30 of the SRCA
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/2-sources-other-compensation/24-fortnightly-incapacity-payments-redeemed-under-section-30-srca
2.5 Calculating Fortnightly Equivalent of DRCA Section 30 Lump Sum Payments
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/2-sources-other-compensation/25-calculating-fortnightly-equivalent-drca-section-30-lump-sum-payments
2.6 Fortnightly Incapacity Payments Redeemed Under Section 137 of the DRCA
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/2-sources-other-compensation/26-fortnightly-incapacity-payments-redeemed-under-section-137-drca
2.7 Different Medical Labels (Diagnosis) for the Same Incapacity
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/2-sources-other-compensation/27-different-medical-labels-diagnosis-same-incapacity
2.8 Sequelae Conditions
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/2-sources-other-compensation/28-sequelae-conditions
3 General Rate Offsetting for Periodic Compensation Payments
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/3-general-rate-offsetting-periodic-compensation-payments
4 Lump Sum - Offsetting
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/4-lump-sum-offsetting
5 Notional Assessments
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/5-notional-assessments
5.1 Method of Calculation for More than One Compensable Condition
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/5-notional-assessments/51-method-calculation-more-one-compensable-condition
6 Above General Rate Disability Compensation Payments
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/6-above-general-rate-disability-compensation-payments
6.1 Offsetting Earnings-Related Payment and Incapacity Payment
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/6-above-general-rate-disability-compensation-payments/61-offsetting-earnings-related-payment-and-incapacity-payment
6.2 Above General Rate Disability Compensation Payments - One Accepted Condition
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/6-above-general-rate-disability-compensation-payments/62-above-general-rate-disability-compensation-payments-one-accepted-condition
6.3 Above General Rate Disability Compensation Payments - Several Accepted Conditions
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/6-above-general-rate-disability-compensation-payments/63-above-general-rate-disability-compensation-payments-several-accepted-conditions
6.4 Above General Rate Disability Compensation Payments - Extreme Disablement Adjustment
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/6-above-general-rate-disability-compensation-payments/64-above-general-rate-disability-compensation-payments-extreme-disablement-adjustment
6.5 Offsetting Veterans When Section 25A Applies
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/6-above-general-rate-disability-compensation-payments/65-offsetting-veterans-when-section-25a-applies
6.6 VVRS Offsetting in Addition to Offsetting Under Part IV
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/6-above-general-rate-disability-compensation-payments/66-vvrs-offsetting-addition-offsetting-under-part-iv
7 War Widow/ers' Offsetting
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/7-war-widowers-offsetting
7.1 Interaction Between VEA and SRCA
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/7-war-widowers-offsetting/71-interaction-between-vea-and-srca
7.2 SRCA Death Benefits
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/7-war-widowers-offsetting/72-srca-death-benefits
7.3 SRCA Child Benefits and Offsetting
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/7-war-widowers-offsetting/73-srca-child-benefits-and-offsetting
7.4 Calculating Compensation Offsetting of Dependant's Payments
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/7-war-widowers-offsetting/74-calculating-compensation-offsetting-dependants-payments
8 Converting Lump Sums to Fortnightly Equivalents
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/8-converting-lump-sums-fortnightly-equivalents
8.1 Australian Government Actuary Instructions and Tables
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/8-converting-lump-sums-fortnightly-equivalents/81-australian-government-actuary-instructions-and-tables
8.2 Using the Tables to Calculate Fortnightly Equivalents
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/8-converting-lump-sums-fortnightly-equivalents/82-using-tables-calculate-fortnightly-equivalents
8.3 Excel Templates
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/8-converting-lump-sums-fortnightly-equivalents/83-excel-templates
8.4 Concepts to Explain to a Claimant Affected By Lump Sum Payments
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/8-converting-lump-sums-fortnightly-equivalents/84-concepts-explain-claimant-affected-lump-sum-payments
8.5 Life Expectancy Principles
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/8-converting-lump-sums-fortnightly-equivalents/85-life-expectancy-principles
8.6 Compensation Offsetting of Disability Compensation Payment and Lump Sums
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/8-converting-lump-sums-fortnightly-equivalents/86-compensation-offsetting-disability-compensation-payment-and-lump-sums
9 Payment Issues
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/9-payment-issues
9.1 Preferred Pensioner
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/9-payment-issues/91-preferred-pensioner
9.2 Effective Dates and Indexation for Offsetting Disability Compensation Payment
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/9-payment-issues/92-effective-dates-and-indexation-offsetting-disability-compensation-payment
9.3 Calculating an Overpayment of Disability Compensation Payment
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/9-payment-issues/93-calculating-overpayment-disability-compensation-payment
9.4 Indexation of Initial Fortnightly Equivalents
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/9-payment-issues/94-indexation-initial-fortnightly-equivalents
9.5 DRCA Payments
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/9-payment-issues/95-drca-payments
9.6 DRCA Clearances
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/9-payment-issues/96-drca-clearances
9.7 Payments From External Sources
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/9-payment-issues/97-payments-external-sources
9.8 Recovery of Treatment Costs And Service Pension
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/9-payment-issues/98-recovery-treatment-costs-and-service-pension
9.9 Sections 30 and 76 Notice
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/9-payment-issues/99-sections-30-and-76-notice
9.10 Communication With Other Sections
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/9-payment-issues/910-communication-other-sections
10 Administrative Issues
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/10-administrative-issues
10.1 Review Rights
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/10-administrative-issues/101-review-rights
10.2 Re-examination of Case By Senior Officer
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/10-administrative-issues/102-re-examination-case-senior-officer
10.3 Appeal to Federal Court
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/10-administrative-issues/103-appeal-federal-court
10.4 Identifying Offsetting Cases
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/10-administrative-issues/104-identifying-offsetting-cases
10.5 Multiple Effective Dates
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/10-administrative-issues/105-multiple-effective-dates
10.6 Interaction Between Income Support and Compensation
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/10-administrative-issues/106-interaction-between-income-support-and-compensation
10.7 Payments Exempt From Compensation Recovery Provisions
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/10-administrative-issues/107-payments-exempt-compensation-recovery-provisions
10.8 Recording Comments on VIEW
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/10-administrative-issues/108-recording-comments-view
10.9 Explanation of Abbreviations
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/10-administrative-issues/109-explanation-abbreviations
10.10 Fortnightly Equivalent Clarification
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/10-administrative-issues/1010-fortnightly-equivalent-clarification
11 Offsetting Timeline and Significant Dates
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/11-offsetting-timeline-and-significant-dates
12 Abbreviations/Definitions
Note for CLIK Users
From 1 July 2026, the Veterans’ Entitlements Treatment and Support (Simplification and Harmonisation) Act 2025 (VETS Act) is closing the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA) and the Veterans’ Entitlements Act 1986 (VEA) to new compensation claims. Further reforms brought about by the VETS Act will change the offsetting arrangements for Disability Compensation Payment (DCP) recipients under the VEA who receive periodic incapacity payments under the Military Rehabilitation and Compensation Act 2004 (MRCA) from 1 July 2026. In addition, common law actions will be considered under the MRCA in certain circumstances, irrespective of the Act a veteran’s underlying compensation payments are paid under.
Key Points – DCP offsetting changes
- From 1 July 2026, offsetting arrangements will change for VEA DCP recipients who receive periodic incapacity payments under the MRCA for the same incapacity, where:
- Only the Above General Rate portion of the DCP will be offset by MRCA incapacity payments for the same incapacity,
- The offset will not take the DCP below the underlying General Rate that corresponds with the person’s impairment and lifestyle ratings, and
- General Rate DCP will no longer be offset by MRCA incapacity payments.
- Current DCP offsets by MRCA and DRCA incapacity payments will remain in place until 30 June 2026.
Key Points – Common law actions against a third party (other than the Commonwealth)
- From 1 July 2026, damages paid by third parties (other than the Commonwealth) are considered under the MRCA, irrespective of when the common law claim commenced,
- Veterans who recover damages from a third party (other than the Commonwealth) on or after 1 July 2026 (regardless of when their service-related condition occurred), will be subject to sections 401 and 402 of the MRCA only. However, where VEA veterans successfully recover damages for the same cause of action from 1 July 2026, the MRCA will not recover VEA medical treatment costs,
- Sections 401 and 402 of the MRCA apply to recover and bar compensation to account for third-party damages paid for the same cause of action.
Key Points – Action for damages against the Commonwealth
- The MRCA limits damages claims against the Commonwealth to only non-economic loss,
- An action for damages against the Commonwealth after 1 July 2026 can only be instituted by veterans entitled to MRCA permanent impairment AND only for non-economic loss,
- The MRCA will reflect an updated limit on damages for non-economic loss to $177,000,
- The date a veteran commences an action for damages against the Commonwealth is key when considering the relevant Act and recovery provisions that apply:
- All claims brought against the Commonwealth after 1 July 2026, are considered under the MRCA. This applies to everyone, including veterans exclusively covered under the DRCA and the VEA, and
- Where a claim against the Commonwealth was instituted before 1 July 2026, the DRCA and/or VEA recovery provisions will apply, even if the damages are recovered after 1 July 2026.
Note: Additional guidance regarding the 1 July 2026 changes will be provided across the relevant CLIK chapters and sub-chapters.
Part II and IV of the Veterans' Entitlements Act 1986
Offsetting Provisions A Guide to the Policies and Procedures 2012
|
Source URL: https://clik.dva.gov.au/compensation-and-support-reference-library/compensation-offsetting-guidelines/12-abbreviationsdefinitions