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

Last amended

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

Last amended

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

Last amended

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

Last amended

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

Last amended

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

Last amended

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

Last amended

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

Last amended

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

Last amended

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

Last amended

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

Last amended

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

Last amended

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

Last amended

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

Last amended

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

Last amended

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