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10.7 Payments Exempt From Compensation Recovery Provisions

The following types of compensation payments are not included under the Part IIIC compensation recovery rules;

  • Disability Compensation Payment and war widow(er)'s pension
  • Lump sum permanent impairment payments made under sections 24 and 27 of DRCA.
  • Payments under the Defence Act 1903 - ADB or SIA
  • Bereavement payments
  • The portion of compensation payments which has been offset against Disability Compensation Payment or war widow(er)'s pension
  • Compensation payments made by the Mark Fitzpatrick Trust and NSW Medically Acquired HIV Trust
  • Compensation paid for loss or damage to property
  • Payments made in respect of National Socialist (NAZI) persecution
  • Service Pension and Income Support Supplement recipients over 'pension age'


Note - The compensation recovery provisions apply only to recipients under pension age, excepting age pension paid under social security law.

In circumstances where the compensation recovery rules do not apply, the method of the lump sum disposal (ie invested or otherwise) will determine what, if any, effect it has on the payment of service pension.   The Veterans' compensation clearance officer is to liaise with Income Support where necessary. Departmental Instruction no. C16/2005 refers

More detail concerning the Part IIIC recovery rules is available on CLIK:CSREF/DI/C16/2005 under Compensation and Support/Policy/Part 9/Chapter 11.