DEFENCE COMPENSATION ADVICE - NO 34
">Commonwealth Employees Rehabilitation And Compensation Act 1988
">CONCURRENT PAYMENTS OF WEEKLY COMPENSATION AND DFRDB PENSION
">1. DCA No.4 advised Compensation Sections to refer onto the Department of Social Security (DSS) for payment of sickness benefits, claimants requesting weekly compensation payments where details of their DFRDB pension are not known.
2. On review of this matter, the delaying of weekly compensation benefits in this manner is considered to be disadvantageous to the claimant, particularly where an entitlement to such benefits clearly exists and financial difficulties are being experience by the claimant. In addition, history shows that cases involving repayment of sickness benefits to DSS are generally more problematic than other.
3. Therefore, to alleviate these problems, where it is established that an entitlement to weekly compensation benefits exists, the following procedure is to apply:
a. write to the claimant advising that whilst assessment of the rate of his/her weekly compensation entitlement is subject to the rate of his/her DFRDB pension, details of which are not yet known, there is the option of either;
i. deferring determination and payment of the weekly compensation entitlement until DFRDB pension details are known; OR
ii. being paid interim weekly compensation at the statutory rate prescribed by the Act for the employee, (i.e. currently $234.52).
4. It is recommended that the attached letter, outlining the above options, be used for this purpose.
5. Concerning overpayments which result from delays in obtaining details of variations to DFRDB pensions, a copy of a recent letter to the DFRDB Authority is attached for your information. You will be kept informed of developments in this matter as they occur.
6. If you have any enquiries, please contact Paul Reis on (06) 266 8640.
PAUL ONTONG
A/ADCOMP
REF:
PH :
Dear
COMMONWEALTH EMPLOYEES REHABILITATION AND COMPENSATION ACT 1988
I refer to your accepted claim for compensation and to your recent claim for weekly compensation for incapacity for work.
On the basis of the evidence available, it appears that you have an entitlement to weekly compensation for incapacity for work caused by your compensable condition.
However, as the Act requires me to take into account a pension you receive from a superannuation scheme, maintained or established by the Commonwealth, prior to formally determining your weekly entitlement, I require details of your pension from the DFRDB Authority.
These details are currently being sought from the Authority, and under normal circumstances, calculation and payment of your weekly compensation entitlement would be deferred until pension details are known; this may take up to three months in some instances. To alleviate any financial difficulties this may place on you, the alternative is to award you weekly compensation at the statutory rates as prescribed by the Act for employees. The current weekly rate is $234.52.
Whilst this option is available, it must be clearly understood that payment of weekly compensation in this manner would be an interim measure only, and may result in an overpayment to you. Once details of your DFRDB pension are known, your actual weekly compensation entitlement would be calculated and any overpayment resulting from the interim weekly payments would be required to be repaid in full, prior to payment of your ongoing weekly compensation entitlement.
If you wish to receive interim weekly payments in the manner described above, please complete and return the attached form within 14 days of its receipt, ensuring you provide full details of an account into which you wish these payments to be credited. Payment will then be made to you in the next available pay period.
If the form is not returned within 14 days of you receiving it, I will take it that you do not wish to receive interim payments in the above manner, and will defer formal determination and payment of your actual weekly compensation entitlement until the necessary DFRDB information is received.
If you have any enquiries, please contact on the above number.
Yours sincerely
Delegate of the Commission for the Safety,
Rehabilitation and Compensation of
Commonwealth Employees.
COMMONWEALTH EMPLOYEES REHABILITATION AND COMPENSATION ACT 1988 - PAYMENT OF INTERIM WEEKLY COMPENSATION BENEFITS
1. I,........................................hereby advise that I wish to receive interim weekly compensation payments in the manner described in your letter to me of.................. .
2. I fully understand that once details of my DFRDB pension are known to you, my actual weekly compensation entitlement will be calculated and determined, at which point, my ongoing payments will revert to the actual weekly entitlement so determined.
3. I also fully understand that any overpayment resulting from the interim weekly compensation payments would be required to be repaid in full, prior to payment of my ongoing weekly compensation entitlement, and agree to this.
4. I have enclosed full details of my account into which I wish these payments to be credited.
SIGNED .................................
DATE ..../..../....
FILE REFERENCE NO. .....................