DVA Clearance

DVA Clearance

Once a PI entitlement amount has been calculated to the satisfaction of the delegate, and after any overpayments has been deducted, a clearance for the proposed net payment amount should be sought from the Department of Veterans' Affairs (DVA) for all clients with a possible dual entitlement.

At the same time, the client should be advised of the proposed amount of PI compensation and the DVA clearance action and of his or her common law rights (using the Defcare Standard Offer letter).  This letter advises that the PI payment will be made 30 days after the date the letter is signed unless an election to the contrary (under s 45 of the SRC Act) is received before the end of the 30-day period.

Possible dual entitlement - SRC Act and VEA

A dual entitlement is unlikely to arise in the following cases:

• Reservists;
• Cadets;
• ADF members with only part-time service;
• ADF members who enlisted after 7 April 1994.

A dual entitlement may exist in the following cases:

• ADF members with known operational, peacekeeping or hazardous service;
• ADF full-time members who enlisted before 7 April 1991;
• ADF full-time members who enlisted between 7 April 1991 and 6 April 1994 and were medically discharged.

Defence Act payments are not subject to clearance

It should be noted that while s 115 of the SRC Act and s 74 of the Veterans' Entitlements Act 1986 operate to prevent double payment of compensation in respect of the same injury, no similar arrangements are in place with respect to Severe Injury Adjustment (SIA) payments made under the Defence Act.