CTHIn ForceAct
Military Rehabilitation and Compensation Act 2004
317Reduction in payments because of previous overpayments
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317 Reduction in payments because of previous overpayments
(1) The Commission may reduce the amount of any payment that becomes payable to a person if:
(a) an amount has previously been paid under this Chapter to the person purportedly by way of compensation or payment for treatment provided; and
(b) the amount paid exceeds the amount (if any) that should have been paid; and
(c) the person agrees to the reduction.
(2) The amount of the reduction must not exceed:
(a) if the Commission has not previously reduced a payment under this section—the amount of the excess; and
(b) otherwise—the amount by which the sum of all amounts of excess under subsection (1) exceeds the sum of all amounts recovered under this section.
Chapter 7—Claims
Part 1—Making a claim
318 Simplified outline of this Part
Most benefits under this Act require a claim to have been made under section 319 in respect of a person. This Part sets out the rules that apply in making claims.
A claim can be made for:
(a) acceptance of liability for an injury, disease or death; or
(b) acceptance of liability for the loss of or damage to a member’s medical aid;
(c) compensation.
The claim can be made by a current or former member who suffered a service injury or disease, a dependant of a deceased member, or a person who is entitled to compensation. A claim can also be made on behalf of such a person.
Once a claim is made, the Commission must investigate the claim. As part of this investigation, the Commission can assess the needs of a person who has made a claim for acceptance of liability for a service injury or disease (including by requiring the person to undergo an examination).
The Commission can require information or documents that are relevant to a claim to be provided. The Chief of the Defence Force or a person who has made a claim can require the Commission to provide information or documents that are relevant to a claim.
Division 2—Making a claim