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