Military Rehabilitation and Compensation (Subsection 204A(2) Amount) Instrument 2023
6Working out amount of compensation that should not have been paid
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6 Working out amount of compensation that should not have been paid
For subsection 204A(2) of the Act, the following steps are specified for working out the portion of the lump sum paid to a person under section 138 of the Act:
Step 1: Calculate the entitled amount for the person using the formula in section 7.
Step 2: Subtract the entitled amount from the lump sum paid to the person under section 138 of the Act.
Note The portion of the lump sum worked out using these steps is taken to be an amount of compensation that should not have been paid to the person (see subsection 204A(2) of the Act).