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9.13.3 Other provisions of Section 99


Subsection 99(8) facilitates the recovery process by allowing other compensation payable at or after the death but which had not yet been paid, to be retained by the Commonwealth and offset against the overpayment.

  • naturally, this offset should not be applied to those payments due directly to providers of funeral or medical services.

Subsection 99(9) provides that compensation already paid under Subsections 43(5) or 43(7) – i.e. weekly payments to prescribed children – is not recoverable.

Subsection 99(10) requires that amounts paid to the Commonwealth under S76 of the Veterans' Entitlements Act not be treated as 'damages' for the purposes of S99.

Note: S76 of the VEA allows Dept of Veterans' Affairs to undertake legal action against persons deemed liable for a Veteran's injuries/death

Subsection 99(11) requires the delegate to disregard any component of the damages awarded in a legal action, which does not relate to a loss of a type also covered by Compensation. This is almost identical in effect to Subsection 99(7) of the SRCA. See 9.5 for a further discussion of this SRCA provision because that Part should be used as a guide to application of Ss99(11) of the 1971 Act also.