Occasionally, a portion of the amount of damages awarded to a dependant may relate to issues other than those associated with the injury for which compensation has been paid.
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Example |
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A dependant is experiencing extreme suffering as a result of the loss of her partner. |
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The Court compensates the dependant for this by awarding an extra $20,000 to final settlement monies. |
Section 48 (7) provides that a dependant may argue a particular case to have such monies not included in any repayment to Comcare.
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Example |
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A dependent receives a settlement of $173,000, of which she contends $20,000 relates to suffering she has experienced. This reduces the amount Comcare would have regard to, to $153,000. |
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As the dependant has received the maximum lump sum payment of $166,441.29, under section 48 (3) (b), she must repay Comcare the amount of the settlement (or $153,000). |