4.7.1 — If a pensioner has not been issued with an obligation notice advising them to notify the Department within a prescribed time limit of particular changes in circumstances, and the pensioner then fails or omits to notify of the change, no overpayment exists. However, if the overpayment is caused by a false or misleading statement, the overpayment is fully recoverable. It is an offence under section 208 [2] VEA to intentionally make a false or misleading statement:
Clause 22 of Schedule 5 [2] VEA provides for the new notification of obligations that were introduced as part of the 1997/98 Date of Effect Budget initiative. These are effective from 13 July 1999, even if an old section 54 [2] VEA obligation notice was not revoked.
Links
[1] https://clik.dva.gov.au/user/login?destination=comment/reply/24219%23comment-form
[2] https://clik.dva.gov.au/service-eligibility-assistant-updates/all-determinations-order-date-signed-oldest-most-recent/determinations-under-vea