Federal Register of Legislation - Australian Government

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2013 No. MRCC 40 Other as made
This instrument sets out a formula for calculating the amount of overpayment where a person has been paid lump sum incapacity compensation under section 138 of the Military Rehabilitation and Compensation Act 2004 (MRCA) and later chooses to receive Special Rate Disability Pension (SRDP).
Administered by: Veterans' Affairs
Made 30 Jun 2013
Registered 30 Jun 2013
Tabled HR 12 Nov 2013
Tabled Senate 12 Nov 2013

 

Military Rehabilitation and Compensation Act (Section 204A(2) amount) Instrument 2013

 

Instrument 2013 No. MRCC 40

The Military Rehabilitation and Compensation Commission makes this instrument under subsection 204A(2) of the Military Rehabilitation and Compensation Act 2004 (the Act):

1.     For subsection 204A(2) of the Act, an amount for a person is worked out in accordance with the Schedule.

Note: under subsection 204A(2) of the Act an amount, equal to so much of the lump sum paid to a person under section 138 of the Act as is worked out in accordance with a legislative instrument made by the Military Rehabilitation and Compensation Commission is taken to be an amount of compensation that should not have been paid to the person.

Dated this Thirtieth                     day of          June                 2013

The Seal of the Military                                  )

Rehabilitation and Compensation                   ) SEAL

Commission was affixed hereto in                 )

the presence of:                                               )

 

Shane Carmody

.........................................................................................................

SHANE CARMODY

MEMBER

 

David Hollaway

.............................................................................................................................

DAVID HOLLAWAY

DIRECTOR

Commission and Senior Committees Secretariat section

department of veterans’ affairs

 

 

 

 

 

 


 

 

1           Name of Instrument

                This instrument is the Military Rehabilitation and Compensation Act (Section 204A(2) amount) Instrument 2013.

2           Commencement

        This instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.

 


 

Schedule

 

Definitions:

Act means the Military Rehabilitation and Compensation Act 2004.

entitled amount for the person means the amount worked out under Step 1.

lump sum amount for the person means the amount worked out under subsection 138(2) of the Act for the person.

Number of days means the number of days in the period beginning on the day after the person advises the Commission of his or her choice to take the lump sum amount under section 138 of the Act and ending the day before the weekly Special Rate Disability Pension (SRDP) becomes payable to the person.*

* note that in some cases a person’s SRDP will be a nil rate.

person means the person for whom an amount under subsection 204A(2) of the Act is being worked out in accordance with this Schedule.

section 204A(2) amount for the person means the amount worked out for the purposes of subsection 204A(2) of the Act and that is calculated under Step 2.

Specified number means the specified number for the person at the time of the initial lump sum calculation for the person under section 138 of the Act.

Weekly amount means the amount that was payable to the person under section 118 of the Act for the week in which the person advised the Commission of his or her choice to receive the lump sum amount under section 138 of the Act.

The following terms are defined in the Act:

·                                                           Commission (s.5)

·                                                           Special Rate Disability Pension (s.5)

 

Step 1 – Calculate the entitled amount

n means the number worked out using the formula:

 

Step 2 – Calculate the section 204A(2) amount

lump sum amount minus entitled amount equals the section 204A(2) amount for the person. 

Note 1:       Section 415 of the Act allows the Commission to recover an amount such as the section 204A(2) amount as a debt due to the Commonwealth and allows that amount to be deducted from an amount that is payable under the Act.

Note 2:       Section 1228 of the Social Security Act 1991 provides for an amount such as the section 204A(2) amount to be recoverable under that Act by means of deductions from payments under that Act.

Note 3:       Section 205 of the Veterans’ Entitlements Act 1986 provides for an amount such as the section 204A(2) amount to be recoverable under that Act by means of deductions from payments under that Act.