Commonwealth Consolidated Acts

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VETERANS' ENTITLEMENTS ACT 1986 - SECT 205AA

Recovery of overpayment by deduction from other pension, benefit or allowance

    Where:

  (a)   a pension, veteran payment or allowance (the new payment ) becomes payable, or becomes payable at an increased rate, to a person under this Act from a date (in this section called the operative date ), being the date on which the decision to grant the new payment, or to increase the rate of the new payment, is made (in this section called the date of the decision ), or a date before or after the date of the decision;

  (b)   the person has been paid before, or is paid on or after, the date of the decision:

  (i)   a pension, veteran payment or allowance under this Act or under the provisions of any other Act administered by the Minister; or

  (ii)   a pension, benefit or allowance under the Social Security Act or the Social Security Act 1947 ;

    (the existing payment ) in respect of a period commencing on or after the operative date; and

  (c)   an amount, or amounts, of the existing payment has or have been paid, in respect of a period commencing on or after the operative date, that would not have been paid if the new payment had then been payable, or payable at the higher rate, as the case may be;

an amount equal to the amount, or sum of the amounts, of the existing payment paid to the person that would not have been paid to the person shall, unless the Commission takes action under paragraph   206(1)(a) or (b) in respect of that amount, be deducted, either in a lump sum or by instalments, as the Commission determines, from amounts of the new payment payable to the person.



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