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4.7 If an Obligation Notice was not Issued
4.7.1 — If a pensioner has not been issued with an obligation notice advising them to notify the Department within a prescribed time limit of particular changes in circumstances, and the pensioner then fails or omits to notify of the change, no overpayment exists. However, if the overpayment is caused by a false or misleading statement, the overpayment is fully recoverable. It is an offence under section 208 VEA to intentionally make a false or misleading statement:
- in connection with a claim or application under the VEA for a pension, allowance or other benefit or an increase in a pension, allowance or other benefit
- with the intent of deceiving an officer of the Department
- with the intent of affecting the rate of pension, allowance or other benefit payable under the VEA.
Clause 22 of Schedule 5 VEA provides for the new notification of obligations that were introduced as part of the 1997/98 Date of Effect Budget initiative. These are effective from 13 July 1999, even if an old section 54 VEA obligation notice was not revoked.