Purpose

The purpose of this DI is to notify you of amendments to Regulation 9.  Regulation 9 now enables payment of travelling expenses under section 170B of the VEA as well as under sections 110 and 132.

Previous action

In December 1994 new sections of the VEA were enacted to enable payment of:

• costs of relevant documentary medical evidence - s.170A

• reasonable travelling expenses - s.170B

• advance of travelling expenses - s.170C

These changes were introduced to encourage the early provision of medical evidence to assist in faster determination of claims.

An On-line in July 1995 advised that travel claims of up to $500 could be paid.  Payments of amounts in excess of $500 were to be deferred until amendments to the Regulations had been advised.

Regulations

VEA section 170B requires regulations to prescribe the travelling expenses a person is entitled to be paid.  Regulation 9 has been amended to include provision for payment of travelling expenses under section 170B and mileage and accommodation rates have been updated.

Regulation 9 now covers payment of travelling expenses for VEA sections 110, 132 and 170B.

A future amendment will include travelling expenses under VEA section 196ZO.

Current status

The amended Regulation 9 was Gazetted 15 December 1997. The date of effect is 1 January 1998.

In this DI

This DI provides guidelines to the application of Regulation 9 in relation to VEA section 170B.  These are as follows:

Topic

See Page

Applications and Time Limits

3

Travelling to Obtain a Medical Report

4

Amount Payable for Travelling Expenses

5-7

Appeals

8

Payment Codes

9

Other Changes to Regulation 9

10

Applications

Applications can be made on the old Claim for Travelling Allowance form D800.  This form is being modified so that it contains only the information needed for claims under VEA sections 132 and 170B and 196ZO.  This form is to be used for travel in connection with review matters only.  The modified form will be D803 Travelling Expenses Claim in Connection with a Review.

Note:  Do not use the new D800 Claim for Travelling Expenses recently supplied to State Offices.  That form is only for claims for travel to health providers or for travel in connection with a primary claim to the Repatriation Commission.

Applications must be:

• accompanied by written evidence of the travel undertaken (Regulation 9AD refers), and

• submitted within 3 months of the travel being undertaken if the travel was after 1 January 1995 (VEA subsection 170B(5) refers).

The following conditions also apply:

• If travel was undertaken prior to 1 January 1995 the application must have been received before 1 April 1995, otherwise travel expenses cannot be paid (VEA subsection 170B(5) refers);

• Applications for travel expenses for obtaining a medical report are only paid when the medical evidence obtained is relevant and has been presented to the VRB (VEA section 170B(1) refers);

• Travel expenses are not payable for travel outside Australia (VEA subsection 170B(3) refers).

Written evidence

The written evidence may be in the form of receipts or a statutory declaration.

Time limit for written evidence

Where there is no written evidence with the application, The Repatriation Commission has the power to refuse payment of travelling expenses and to recover expenses paid in advance.

This power can be used only where the Repatriation Commission has requested written evidence within 6 months of the date of travel and the applicant does not produce the evidence.

Where an application for payment of travelling expenses is refused because of this provision, the applicant must be notified of the decision as soon as possible.  (Regulation 9AF refers.)

Provider of report

A medical report obtained under VEA section 170A is used as evidence in an appeal to the VRB against a Repatriation Commission decision.  As the Repatriation Commission cannot be seen to influence the content of the report, the applicant has the right to obtain the report from a medical practitioner of his/her own choosing.

Therefore, the concept of “the nearest suitable provider” does not apply.

The most direct practicable route

Although the concept of “the nearest suitable provider” does not apply, the applicant is still expected to travel by the most direct practicable route. (Regulation 9(10) refers.)

If an applicant from central New South Wales (say Wagga) obtains a medical report from a Sydney specialist, it is expected that he/she would travel directly from Wagga to Sydney, not Wagga, Brisbane, then Sydney.

However, there may be instances where a less direct route is more practicable.

For example:

• where a less direct route avoids multiple changes of transport over a long period of time, or

• where factors such as the veteran's physical or psychological condition also need to be considered.

Please note:  if the claim is for an amount of up to $500, the travel expenses are paid as claimed regardless of the route taken.

Travel for multiple purposes

The Regulations prevent expenses for the same travel being paid twice.

While the expectation is that travel for multiple purposes will not be common, care needs to be taken in this area.

The new D803 form,  requires the applicant to indicate whether the trip was used for an additional purpose.  If the answer is yes, the applicant is then required to indicate whether or not he/she intends to claim separately for that travel.  This is an honour question and should be taken at face value.

If the applicant indicates that they do not intend to submit a separate claim for the additional purpose, the application can be processed.

If the applicant indicates that they have claimed or intend to claim separately, care must be taken to ensure that double payment does not occur.

Single destination, multiple purposes

Where a person travels to one destination for two or more purposes, travel expenses are payable only for the highest amount payable under section 110, 132, or 170B of the VEA.

For example:  a person who travels to a medical practice for 2 reasons:

(1)to obtain relevant documentary medical evidence, and

(2)for treatment,

will only be paid the greatest amount of travelling expenses payable under section 110, 132 or 170B of the VEA for that travel.

For example, if the treatment involved an overnight stay, the travel expenses payable would be higher under section 110 of the VEA (travel for treatment) than they would be under section 170B (travel to obtain a medical report).  Therefore, expenses for the whole trip should be paid under section 110, and nil expenses paid under section 170B. s (Regulation 9AM refers.)

Multiple locations, same town or city

Where a person has to visit more than one location within the same town or city, provision has been made for payment of travelling expenses for the trip from one location to another.

For example:  a person who travels to a medical practice in a city for a medical report, and then goes to another location in the same city for a specialist examination before returning home, will only be paid once for the return travel to the city, and once for the travel from the medical practice to the specialist's rooms. (Regulation 9AN refers.)

More examples

The following table gives more examples of travel situations and how to treat the applications for travelling expenses.

Example

WHEN the applicant has travelled to...

THEN expenses are paid under VEA Section...

1.

a single destination for a single purpose (eg: to obtain a relevant medical report)

170B

2.

a single destination for multiple purposes (eg: to obtain a relevant medical report as well as to obtain treatment for an accepted condition)

110 or 170B whichever results in the highest payment - eg: if an overnight stay is required for the treatment, travel expenses would be higher under Section 110

3.

multiple locations within the same town or city (eg; to obtain a relevant medical report from one location and to obtain treatment for an accepted condition from another location)

110 or 170B whichever results in the highest payment for the return trip to the town or city (as in the above example), and

110 or 170B whichever results in the highest payment for the trip from one location to the other

Applications up to $500

Applications up to $500 are paid as claimed.  (Regulation 9AD refers.)

These applications are not investigated as a matter of course.  Provided that the application is accompanied by proof of expenditure and there is no obvious discrepancy the application is paid as claimed.

Applications over $500

Applicants are paid the lesser of the amount claimed (ie expended) and the amount calculated in accordance with regulation 9.  (Regulation 9AE refers.)

For example:

A claim, accompanied by written evidence, is received for $550.  Because the claim is over $500 calculations are made in accordance with Regulation 9 travel rates and accommodation allowances.

The table below shows the amount payable in this instance.

THE Claim is $...

IF Calculation is $...

THEN Payment is $...

550

580

550

550

520

520

550

490

490

Attendant expenses

Where it is reasonable for the applicant to be accompanied by an attendant, the attendant is also entitled to be paid travelling expenses on the same basis as the applicant.  (Regulations 9(13), 9(16), 9(17) and 9(18) refer.

Advances

An application for an advance of travelling expenses can be made prior to the travel being undertaken.  Although the amount of the advance is discretionary, consideration should be given to factors such as:

• the distance to be travelled,

• the mode of transport to be used, and

• whether accommodation will be required.

(Regulations 9AD(a) and 9AE(1)(a) refer.)

Once the travel has been undertaken, the applicant must provide proof of expenditure.  Adjustments may then need to be made to the amount of travelling expenses advanced.

If travelling expenses:

(a)were not incurred, or

(b)the travelling expenses are less than the amount of the advance, then

the applicant must:

(a)repay the amount advanced, or

(b)repay the difference between the amount advanced and the travelling expenses.  (VEA section 170C(2) refers.)

An amount of overpaid travel advance, unless repaid by the applicant, becomes a debt to the Commonwealth and may be recovered under section 205 of the VEA.

Parking fees

Regulation 9 now provides that where parking fees have exceeded $50 in a six month period, the amount over $50 can be paid as a travelling expense.  This provision commences with the initial six month period of 1 January 1998 to 30 June 1998 inclusive.  (Regulations 9(4A) and 9(4B) refer.)

Parking fees for VEA sections 110, 132, and 170B will be monitored.  At the end of each 6 month period, the amount by which the fees exceed $50 will be paid to the claimant.

For monitoring purposes, any travelling expenses claimed under VEA section 170B must be entered on the “Parking Fee” spreadsheet found in the Repatriation Transport Section of each State Office.

Reconsideration of decisions

A Repatriation Commission review of a decision may be instigated by:

• the applicant if they are not satisfied with the Repatriation Commission decision, or

• the Repatriation Commission if it is satisfied that the decision was made on information that was false or misleading in a material particular.

Appeals instigated by the applicant must be:

• submitted within 3 months of the decision notification, and

• determined by the Repatriation Commission within 3 months of the appeal request.

Additionally:

• the review must be conducted by an officer other than the delegate who made the initial decision,

• a written record must be made of the reconsidered decision, and

• the applicant must be given a copy of the reconsidered decision.

If the Repatriation Commission finds that travelling expenses were paid as a result of a false statement or representation, the amount paid becomes a debt to the Commonwealth.  Section 205 of the VEA allows the Repatriation Commission to recover the overpaid amount.  Section 208 of the VEA provides for the imposition of a fine, or imprisonment, or both.

(Regulations 9AG to 9 AK refer.)

AAT Review

Appeals against Repatriation Commission decisions may be made to the Administrative Appeals Tribunal.  Appeals must be submitted within 3 months of notification of the Repatriation Commission's decision.  (Regulation 9AL refers.)

Payment codes to be used

Payment of travelling expenses or of advances through FAS should be against subprogram 1.2 (Benefits Compensation), using the following codes:

NSW

VIC

QLD

SA

WA

TAS

Fares

24374-1242C

24374-1243C

24374-1244C

24374-1245C

24374-1246C

24374-1247C

Expenses

24375-1242C

24375-1243C

24375-1244C

24375-1245C

24375-1246C

24375-1247C

Attachment detailing changes

Amendments to Regulation 9 have been detailed in the attached document that has been distributed by Health Services Branch.  It lists the provisions of the previous arrangements and how these have changed under the “new regulations”.

Please note:

• the attached document deals only with the provisions that applied to VEA sections 110 and 132,

• the claim lodgement period at point 5 refers only to VEA section 110 - there is no intention to change the 3 month time limit for VEA sections 132 and 170B, and

• at point 7, while the “nearest suitable provider” policy remains unchanged, it will not apply to VEA section 170B as the Repatriation Commission does not influence the provision of a medical report for appeal purposes.

The “Administrative Handbook Treatment” will be updated to reflect the changed regulations.

Enquires

Please direct enquiries to:

Marie Leach

Service Eligibility and Policy Section

National Office

Phone (02) 6289-6046