C08/2010 Inclusion of Victorian bushfire related debt in the Overpayment Management Manual

Amends DI No.

N/A

Replaces DI No.

N/A

Purpose

The purpose of this Departmental Instruction is to advise of changes to the Overpayment Management Manual (OMM) to include guidelines for the waiver of Victorian bushfire related debt.

These changes were approved by the Repatriation Commission on
7 April 2010. Commission decision CM 6344 refers.

Background

The Veterans' Entitlements (Class of Debts –Victorian Bushfires) Specification 2009 enables debts incurred by DVA clients adversely affected by the 2009 Victorian bushfires during the bushfire period to be waived. This Specification mirrors a specification made under Social Security Law.

A debt is in the class of debts outlined in the Specification if it meets particular criteria. These criteria have now been reproduced in the Overpayment Management Manual to guide decision making.

Only debts incurred under the VEA are eligible for waiver under the Specification.

Debts under MRCA must be referred to the MRCC for consideration on a case by case basis. Debts under SRCA must be referred to the Secretary, for consideration on behalf of the Commonwealth.

Amendments

A new section Debts Incurred by Persons Adversely Affected by the 2009 Victorian Bushfires has been added to Chapter 7 of the OMM. Chapter 7 is titled Recovery and Other Methods of Finalising Debts.

This section outlines the guidelines for waiver of the class of debts defined in the Veterans' Entitlements (Class of Debts –Victorian Bushfires) Specification 2009.

The guidelines can be found at 7.18.8.17 to 7.18.8.21 of the OMM.

A small change has also been made at 7.18.3 to add Victorian bushfire related debts to the class of debts specified by the Minister that may be waived under paragraph 206(1)(b) of the VEA.

CLIK reference

The OMM can be found in the CLIK Compensation and Support Reference Library.

Action

These guidelines must be used when considering whether debts incurred by DVA clients affected by the Victorian bushfires may be waived.

Contact

The contact officer is Sharon Ride, extension 11178