Communication with other sections
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 VEA contains the legislative basis for the recovery of compensation affected income support payments.
If unsure whether section 93 VEA and/or Part IIIC VEA provisions apply refer the file to Offsetting and Manual Payments. When answering an enquiry from a veteran or their representative it is imperative that all monies that may be recoverable under the VEA are fully explained. DVA webpage information is useful for providing general advice on the offsetting and recovery provisions of the VEA.
Recovery of treatment costs and service pension
What is a section 93 notice?
The purpose of section 93 of the VEA is to ensure that the Commonwealth of Australia does not meet the cost of treatment where another party has the liability to pay these costs. Where a veteran commences, or can commence, litigation against a third party, DVA has the authority to recover from the veteran the costs of treatment provided for the injury or disease for which the compensation is sought.
Section 93 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 VEA and/or Part IIIC VEA 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. Note: DVA webpage information (previously DVA Factsheets) is useful for providing general advice on the offsetting and recovery provisions of the VEA.
Section 93 will preclude future treatment at Departmental expense for all clients who have received compensation for their injury or disease from another source (except where that secondary compensation relates to abuse within the ADF)
When answering the type of enquiry described above it is also important to investigate whether the person has been paid any benefit under the DRCA, including the provision of treatment as this may also be recoverable. If so it is necessary to liaise with a primary claims processing delegate to ensure all aspects of benefit recovery is provided to the person making the enquiry.