Section 49 formula
A formula, calculating the 'prescribed amount', to be repaid by a dependant or dependants who have a successful damages claim concurrent to payment made under the Act, is provided in section 49 (4).
ACis the amount of compensation payable under the Act for the deceased employee;
D1is the amount of damages settled by the prescribed dependant;
D2is the total amount of damages recovered by all prescribed dependants.
Source URL: https://clik.dva.gov.au/military-compensation-reference-library/historical-information/comcare-operations-manual/volume-six-death-claims/part-three-death-claims-and-damages/damages-and-act/recouping-compensation-payments-under-section-49/section-49-formula