Reconsiderations, reviews or appeals of a DCP assessment under the VEA and/or a DRCA PI lump sum do not provide sufficient grounds for delegates to refuse to process a MRCA PI compensation claim. This is notwithstanding the fact that the rate of VEA DCP or DRCA PI lump sum awarded might be increased (or decreased) with retrospective effect upon review by the VRB, the AAT or the Federal Court.
If a VEA DCP assessment, DRCA liability and/or compensation decision is retrospectively backdated upon review, it is open to another delegate to revisit a MRCA PI determination via section 347, providing the VRB and/or AAT have not made a decision relating to that MRCA PI determination. If an overpayment has resulted, the delegate can recover it under section 415 of the MRCA. Where a delegate is aware that a claimant has a VEA and/or DRCA conditions or related payments that are subject of a review, they should inform the claimant that if the amount of VEA DCP or DRCA PI lump sum payable is subsequently increased, they may be asked to repay any overpayment that results under the MRCA.
Links
[1] https://clik.dva.gov.au/user/login?destination=comment/reply/18859%23comment-form