16Other entitlements to be taken into account

16 Other entitlements to be taken into account

In determining the amount (if any) to be awarded to an applicant, the Tribunal—

S. 16(a) amended by No. 54/2000 s. 10(b).

(a) subject to paragraph (ab), must take into account and reduce the amount by the total amount of—

(i) any damages that the applicant has recovered at common law; and

(ii) any compensation, assistance or payments of any other kind that the applicant has received—

for the loss, expense or other matter for which assistance is sought from the Tribunal; and

S. 16(ab) inserted by No. 54/2000 s. 10(c).

(ab) in the case of special financial assistance under section 8A or an amount under section 13(2)(c), must not take into account any payments under any insurance policy (including life and health insurance) or superannuation scheme that the applicant has received or has not received but is entitled to receive, or would be entitled to receive if he or she applied for them, for the loss, expense or other matter for which assistance is sought from the Tribunal; and

S. 16(ac) inserted by No. 69/2007 s. 84, amended by No. 6/2010 s. 203(1)
(Sch. 6 item 48) (as amended by No. 45/2010 s. 22).

(ac) must take into account and reduce the amount by any amount of financial assistance that the applicant has been awarded or is eligible to be awarded under section 12 of the Transport (Compliance and Miscellaneous) Act 1983 in relation to the incident to which the application relates; and

S. 16(b) amended by No. 54/2000 s. 10(d).

(b) in all cases but subject to paragraph (ab), may take into account and reduce the amount by the total amount of—

(i) any compensation, assistance or payments of any kind under any scheme, whether statutory or non-statutory, including that managed by the Transport Accident Commission and the Victorian WorkCover Authority and that established by the Police Assistance Compensation Act 1968 and any predecessor of any such schemes; and

(ii) any payments under any insurance policy (including life and health insurance) or superannuation scheme—

that the applicant has not received but is entitled to receive, or would be entitled to receive if he or she applied for it or them, for the loss, expense or other matter for which assistance is sought from the Tribunal.