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4.3.4 Entitlement to treatment after successful common law action where a person has multiple eligibility e.g. MRCA/VEA

Where a person successfully recovers common law damages related to a MRCA compensable cause of action, and as a result loses their treatment eligibility, along with their other compensation related to that cause of action, then there are questions around whether other treatment eligibility under the Veterans' Entitlements Act 1986 (VEA) could compensate them for those conditions.

If a person was to be prevented from receiving MRCA treatment compensation for a condition after successful common law action, there could be a situation where their coverage under a VEA Gold Card could conceivably provide them with Commonwealth funded treatment for those conditions.

Given there is no existing functionality to prevent the use of a Gold Card for certain condition/s, this will mean that the client’s future card usage will need to be monitored on a regular basis to ensure compliance with section 402(2).  This may require the client to examine future expenditure lists, itemise any treatment related to his damages claim (if applicable) and repay further amounts.  The client should also be asked to acknowledge this limitation.