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Military Rehabilitation and Compensation Act 2004
414Compensation when request is not satisfied initially
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414 Compensation when request is not satisfied initially
Back pay for those who comply within 3 months
(a) a person’s compensation for incapacity for service or work under Part 3 or 4 of Chapter 4 ceases to be paid under subsection 412(3) because the request under subsection 412(2) is not satisfied by a particular day; and
(b) the request is satisfied within the period of 3 months from that day;
then the compensation that would have been paid to the person during that period if the request had been satisfied is to be paid to the person.
No back pay for those who do not comply within 3 months
(2) If the request is satisfied after that period of 3 months, the person’s compensation is to be paid from the day on which the request is satisfied.
Part 3—Recovering overpayments
Division 1—Recovery generally
415 Recovery of overpayments
(a) an amount of compensation is paid under this Act to a person as a result of a false or misleading statement or representation, or a failure or omission to comply with this Act; or
(aa) an amount is paid under an instrument made under section 268B to a person as a result of a false or misleading statement or representation, or a failure or omission to comply with this Act or the instrument; or
(b) an amount of compensation (other than an amount that the Commonwealth is entitled to recover under Division 2) that has been paid to a person under this Act should not have been paid; or
(c) a person is liable to pay an amount under this Act to the Commonwealth.
(2) However, this section does not apply in respect of a person if one or more of sections 315, 316 and 317 apply in respect of the person.
Note: Chapter 6 has its own recovery provisions (see sections 315, 316 and 317).
(3) The amount is recoverable by the Commission from the person in a court of competent jurisdiction as a debt due to the Commonwealth.
(4) The recoverable amount may be deducted from an amount that is payable to or for the benefit of the person under this Act.
Division 2—Recovery of overpayments to persons receiving a Commonwealth superannuation benefit