Where a claimant or his or her attendant is entitled to the same travel expenses for treatment under either:
travel expenses should only be provided under the MRCA.
Likewise, where compensation for another person's transportation costs can be provided under both:
compensation should only be provided under section 297 [5].
Where a claimant is entitled to the same treatment under both:
treatment should only be provided under the MRCA. This will most commonly apply where a person has an aggravation of a SRCA condition accepted under the MRCA.
Please note, there is no legislative restriction on a claimant receiving compensation under subsection 16(1) [3] of the SRCA and the same treatment with a White Repatriation Health Card under sections 279 [5] or 280 [5] of the MRCA. Therefore, delegates are encouraged to determine that the reimbursement treatment path applies to the claimant under section 327 [5].
Where a claimant with an accepted SRCA condition also has a MRCA Gold Repatriation Health Card, there is no legislative restriction on the claimant receiving treatment for the accepted SRCA condition under either the SRCA or his or her Gold Repatriation Health Card. However, this situation is no different to the one that previously existed under the SRCA and the VEA.
Where a claimant is entitled to:
the claimant should only be issued with one White Repatriation Health Card for all their MRCA and VEA conditions.
Please note, there is no legislative restriction on a claimant receiving a White Repatriation Health Card under subsections 85(1) [4] or 85(2) [4] of the VEA and reimbursement for treatment under Part 2 of Chapter 6 [5] of the MRCA. Therefore, delegates are encouraged to determine that the White Repatriation Health Card treatment path applies to the claimant under section 327 [5].
Where a claimant is entitled to:
a Gold Repatriation Health Card under sections 85 [4] of the VEA; and
a White Repatriation Health Card under section 279 [5] or 280 [5] of the MRCA,
the delegates are encouraged to issue the claimant with one Gold Repatriation Health Card under the VEA. However, there is no legislative restriction on the claimant also being issued with a MRCA White Repatriation Health Card if they wish. Where a claimant has already been issued a Gold Repatriation Health Card, delegates should not determine that the reimbursement treatment path applies to the claimant under section 327 [5].
Likewise, where a claimant is entitled to:
the delegates are encouraged to issue the claimant with one Gold Repatriation Health Card under the MRCA. However, there is no legislative restriction on the claimant also being issued with a VEA White Repatriation Health Card under the VEA if they wish.
Similarly again, where a claimant is entitled to:
the delegates are encouraged to issue the claimant with one Gold Repatriation Health Card under the MRCA. However, there is no legislative restriction on the claimant also being issued with a VEA Gold Repatriation Health Card under the VEA if they wish.
An exception to this is where the claimant is entitled to a MRCA Gold Repatriation Health Card and a VEA Gold Repatriation Health Card under subsection 85(7A) [4]. This provision provides that a person receiving service pension under the VEA who has 30 or more impairment points under the MRCA is entitled to a VEA Gold Repatriation Health Card unless they already have a MRCA Gold Repatriation Health Card.
Under subsection 15(4) of the CTPA, where a claimant is entitled to the same alteration of his or her place of residence, education, work or service, or provision or repair of the same aid or appliance under both section 39 [3] of the SRCA and section 56 [5] of the MRCA, the benefit should only be provided under section 56 [5] of the MRCA.
Likewise, where a claimant is entitled to the same modifications of a vehicle under both section 30 [3] of the SRCA and the MRCA Motor Vehicle Compensation Scheme, the modification should only be provided under the MRCA.
Links
[1] https://clik.dva.gov.au/user/login?destination=comment/reply/18887%23comment-form
[2] https://clik.dva.gov.au/user/login?destination=comment/reply/18881%23comment-form
[3] https://clik.dva.gov.au/legislation-library
[4] https://clik.dva.gov.au/service-eligibility-assistant-updates/all-determinations-order-date-signed-oldest-most-recent/determinations-under-vea
[5] https://clik.dva.gov.au/service-eligibility-assistant-updates/all-determinations-order-date-signed-oldest-most-recent/determinations-under-mrca
[6] https://clik.dva.gov.au/user/login?destination=comment/reply/18871%23comment-form
[7] https://clik.dva.gov.au/user/login?destination=comment/reply/18851%23comment-form
[8] https://clik.dva.gov.au/user/login?destination=comment/reply/18855%23comment-form
[9] https://clik.dva.gov.au/user/login?destination=comment/reply/18873%23comment-form
[10] https://clik.dva.gov.au/user/login?destination=comment/reply/18882%23comment-form