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9.8 Recovery of Treatment Costs And Service Pension
Section 93 of the VEA contains the legislative basis for the recovery of treatment costs incurred by the Department from either the patient or the person liable to pay the other compensation. Part IIIC of the VEA contains the legislative basis for the recovery of compensation affected income support payments. If unsure of whether section 93 and/or Part IIIC provisions apply, refer the file to the appropriate officer/s in other sections. When answering an enquiry from a veteran or their representative it is imperative that all monies, which may be recoverable under the VEA, are fully explained. DVA Fact Sheets are useful for providing general advice on the offsetting and recovery provisions of the VEA. Refer HSV 100, IS101, DP 81 and DP 82.
When answering the type of enquiry described above it is also important to investigate whether the person has been paid any benefit under the SRCA, including the provision of treatment as this may also be recoverable. If so it is necessary to liaise with a SRCA Delegate to ensure all aspects of benefit recovery is provided to the person making the enquiry.
Treatment recovery provisions under the VEA are also subject to an exemption for those who were subject to physical or sexual abuse in the ADF. Please see http://clik.dva.gov.au/compensation-and-support-policy-library/part-9-principles-determining-pension-rate/910-compensation-offsetting/9105-recovery-treatment-costs-s93 for the relevant policy.
Safety, Rehabilitation and Compensation Act 1988