If there is no evidence that someone else is applying or intends to apply for a grant of representation (such as probate or letters of administration), a claim for MRCA permanent impairment compensation cannot be paid. In this case, the claim should be decided with no amount payable. This decision is made under Section 436(2) of the MRCA.
Determine the claim based on available information
It is open for PI delegates to determine PI claims based on the available evidence.
The general rule of thumb is to ask:
When clients submit Permanent Impairment claims under both DRCA and MRCA the following considerations should be made to ensure consistency of outcomes is achieved where possible:
Where a payment is made by way of compensation or damages the method of calculating the overpayment is described in subparagraphs 74(3)(c) and 74(3)(d) and subsections 30C(1) and 30C(2) of the VEA.
Step | Action |
1 | Calculate the amount to be offset and the date of effect of the offset. |
2 |
No PI compensation payable
If the client is not entitled then the DRCA Permanent Impairment determination (disallow) available in the R&C ISH letter suite must be sent to the client outlining why the claim has been disallowed.
PI compensation payable
If the client is entitled then the delegate must complete the Offset screen to determine if there are any accepted VEA conditions.
Defence and service record requests
Defence service and medical records are requested to assist the processing of claims. Delegates use these records to assess and identify any connection of the claimed condition to ADF service.
Typical sources of compensation that will engage VEA offsetting provisions are:
