Last amended 16 March 2016
Section 430 [3]
This section gives the Commission authority to request bank account details from a claimant for the purpose of depositing compensation payments. The effect of subsections 3A-3C is that for certain payments specified in a legislative instrument, the Commission can only make the payment into an account held by the claimant rather than to a third party such as a solicitor. The instrument in force is the Military Rehabilitation and Compensation (Payment into Bank or Foreign Corporation Account) Instrument 2021 [4].
This instrument only affects payments under the MRCA - DRCA payments are not affected by this change.
Permanent Impairment payments and overseas bank accounts
Occasionally, a client may request that DVA process their Permanent Impairment (PI) payment to their nominated overseas bank account. The preferred method is always to pay clients residing overseas in $AU to an Australian bank account. However, if this is not possible, arrangements can be put in place for a payment to the client’s overseas bank account. This is managed through the Accounts Payable Team in Resources Branch within Corporate Division.
The Claim for Payment form should be used to organise this method of payment. This form can be accessed via TRIM - 15573323E or the intranet: http://sharepoint/supportingbusiness/financeandresources/finance/Pages/forms.aspx [5]
Please note the following:
Section 431 [8]
If requested in writing by a claimant, specified amounts of weekly compensation may be paid to the Commissioner of Taxation or for the purpose of making payments in a class of payments approved by the Minister.
Section 432 [8]
Where a person entitled to compensation is under a legal disability or under the age of 18 with no person with primary responsibility for their care, the Commission can appoint and/or revoke a person to act as trustee.
Section 433 [8]
This section details how trust funds may be dealt with by a trustee.
Section 436 [8]
This section specifies that compensation monies form part of a deceased person's estate.
However, the Commission is not liable to pay compensation if it determines that an application will not be made for probate or letters of administration of the estate.
Section 437 [8]
This section specifies that a claimant may be entitled to more than one amount of compensation under the Act.
Section 438 [8]
The functions of a Service Chief can be delegated under this section to staff in the Departments of Defence and Veterans' Affairs, and also to members of the ADF where the duties of those delegates relate to the functions or powers of the Service Chief.
Section 439 [8]
This section provides that the Regulations may modify the way that Chapter 2 [8] of the MRCA and Parts 3 and 4 of Chapter 4 [8] of the MRCA apply to cadets [16] and declared members [17].
Links
[1] https://clik.dva.gov.au/user/login?destination=comment/reply/19251%23comment-form
[2] https://clik.dva.gov.au/user/login?destination=comment/reply/19252%23comment-form
[3] https://www.legislation.gov.au/Details/C2016C00087
[4] https://www.legislation.gov.au/Series/F2021L01274
[5] http://sharepoint/supportingbusiness/financeandresources/finance/Pages/forms.aspx
[6] http://www.oanda.com/currency/converter/
[7] https://clik.dva.gov.au/user/login?destination=comment/reply/19254%23comment-form
[8] https://clik.dva.gov.au/service-eligibility-assistant-updates/all-determinations-order-date-signed-oldest-most-recent/determinations-under-mrca
[9] https://clik.dva.gov.au/user/login?destination=comment/reply/19243%23comment-form
[10] https://clik.dva.gov.au/user/login?destination=comment/reply/19236%23comment-form
[11] https://clik.dva.gov.au/user/login?destination=comment/reply/19255%23comment-form
[12] https://clik.dva.gov.au/user/login?destination=comment/reply/19248%23comment-form
[13] https://clik.dva.gov.au/user/login?destination=comment/reply/19241%23comment-form
[14] https://clik.dva.gov.au/user/login?destination=comment/reply/19231%23comment-form
[15] https://clik.dva.gov.au/user/login?destination=comment/reply/19242%23comment-form
[16] http://www.austlii.edu.au/au/legis/cth/consol_act/mraca2004397/s5.html#cadet
[17] http://www.austlii.edu.au/au/legis/cth/consol_act/mraca2004397/s5.html#declared_member
[18] https://clik.dva.gov.au/user/login?destination=comment/reply/19253%23comment-form