3.4.1.1 — Overpayments may be detected as a result of information supplied by a source other than the client.
3.4.1.2 — This information can be received in the following ways:
3.4.1.3 — Advice from a third party is usually in response to a departmental questionnaire or may be provided to the Department at the client's request. Under section 128 [3] VEA, the Department has the authority to request information required in connection with a pensioner's assessment from third parties such as financial institutions, employers, relatives, or any other person. The pensioner's authorisation to release such information is not required and there are penalties for failing to comply with the request or for supplying false or misleading information.
3.4.1.4 — To comply with the provisions of the Social Security (Administration) Act 1999 (SSAA) concerning disclosure of information to DVA, the Chief Executive Officer of Centrelink, having been delegated powers by the Secretary to the Department of Family and Community Services, issued a certificate under subparagraph 208(1) (b)(i) of the SSAA. The certificate specifies the disclosure of protected information to the Secretary of the Department of Veterans' Affairs, by those employees of Centrelink specified in the certificate. It should be noted that Centrelink will not provide any information outside the areas specified in this certificate. The current certificate of disclosure may be obtained from the CLIK Reference Library.
3.4.1.5 — Advice from a third party should be carefully compared with existing records to ensure that any discrepancy is detected and acted upon. If a reduction in rate is likely to occur, reassessment action must be taken as soon as possible to minimise any resulting overpayment.
3.4.2.1 — Under the VEA the Commission may approve payment of pension to agents and trustees who act on behalf of the pensioner. A detailed description of agents and trustees may be obtained from P11/C3 of the CLIK Policy Library.
3.4.2.2 — Trustees have a legal right to receive and retain pension payments, but also must fulfil any obligations imposed on the pensioner under the VEA. While an agent may receive payments on the pensioner's behalf, they are under no obligation to notify of a change in circumstance. Obligations imposed under the VEA remain with the pensioner.
3.4.2.3 — With effect from 1 July 2003, changes were made to the social security law (SSL) in relation to payment and correspondence nominees. Income support staff need to be aware of the SSL changes when dealing with DVA age pensioners. The legislative changes are contained within the new Part 3A of the Social Security Administration Act 1999 (SSAA) which can be accessed through ComLaw.
More ? [5]
Under the new legislation nominee arrangements have been refined to:
3.4.2.4 — Correspondence nominees are authorised by the pensioner to receive correspondence on their behalf and are nominated to assist the pensioner in their dealings with DVA, including fulfilling reporting obligations. If a nominee fails to report relevant changes to DVA then the recipient is taken to have failed in their obligations. For example, any debt incurred remains the responsibility of the pensioner.
3.4.2.5 — A payment nominee (who can be an individual or body corporate) receives a payment on the pensioner's behalf. A payment nominee may have access to minimal protected information for the purposes of administration of the payments. A payment nominee must keep a record detailing the particulars of the disposal of the payment/s. Penalty provisions may apply if the nominee fails to comply with a request to provide disposal records.
3.4.2.6 — VEA agents are not subject to the same penalty provisions as SSL payment nominees. Any obligation imposed under the VEA to notify the Department of an event or change of circumstance remains with the pensioner.
3.4.2.7 — Full guidelines relating to SSL nominees are contained at 8.5.3 of the Guide to Social Security Law.
More ? [6]
Guide to Social Security Law – 8.5.3 Responsibilities of Nominee
http://www.fahcsia.gov.au/guides_acts/ssg/ssguide-8/ssguide-8.5/ssguide-8.5.3.html [9]
Links
[1] https://clik.dva.gov.au/user/login?destination=comment/reply/24328%23comment-form
[2] https://clik.dva.gov.au/user/login?destination=comment/reply/24403%23comment-form
[3] https://clik.dva.gov.au/service-eligibility-assistant-updates/all-determinations-order-date-signed-oldest-most-recent/determinations-under-vea
[4] https://clik.dva.gov.au/user/login?destination=comment/reply/24400%23comment-form
[5] https://clik.dva.gov.au/book/export/html/24328#tgt-csref_manual_ftn8
[6] https://clik.dva.gov.au/book/export/html/24328#tgt-csref_manual_ftn9
[7] http://www.comlaw.gov.au/Series/C2004A00580
[8] https://clik.dva.gov.au/book/export/html/24328#ref-csref_manual_ftn8
[9] http://www.fahcsia.gov.au/guides_acts/ssg/ssguide-8/ssguide-8.5/ssguide-8.5.3.html
[10] https://clik.dva.gov.au/book/export/html/24328#ref-csref_manual_ftn9