Settlement Payment

One of three forms of payment will occur, depending on the nature of a successful settlement:

Third party:

  • Comcare institutes proceedings

-Comcare divides monies, repays against the compensation claim and provides any residual amount to the dependant.

  • Dependant (or representative) institutes proceedings

-Dependant pays Comcare.

Common law:

  • Employer (through a legal representative) settles

-Depending on the amount, the legal representative, on behalf of the employer, pays Comcare, and any residual amounts to the dependant.

The legal representative will usually be responsible for issuing a cheque to Comcare to cover recovery (except under section 50, where Comcare institutes proceedings).  This form of payment is known as 'money in'.

To ensure that payment is made, a diary should be generated as a reminder to check whether money has been received.

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/settlement-payment

Final Comments Regarding The Recovery

One of three forms of payment will occur, depending on the nature of a successful settlement:

Third party:

  • Comcare institutes proceedings

-Comcare divides monies, repays against the compensation claim and provides any residual amount to the dependant.

  • Dependant (or representative) institutes proceedings

-Dependant pays Comcare.

Common law:

  • Employer (through a legal representative) settles

-Depending on the amount, the legal representative, on behalf of the employer, pays Comcare, and any residual amounts to the dependant.

The legal representative will usually be responsible for issuing a cheque to Comcare to cover recovery (except under section 50, where Comcare institutes proceedings).  This form of payment is known as 'money in'.

To ensure that payment is made, a diary should be generated as a reminder to check whether money has been received.

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/settlement-payment/final-comments-regarding-recovery