Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where:
(a) an amount has been paid:
(i) to a member of the Forces or a member of a Peacekeeping Force as pension under this Part in respect of the incapacity of the member from a defence - caused injury or defence - caused disease; or
(ii) to a dependant of a deceased member of the Forces or member of a Peacekeeping Force as pension under this Part in respect of the death of the member that was defence - caused; and
(b) by reason of section 25A or 74, that amount was not payable to the member or dependant;
an amount equal to the amount so paid is recoverable from the member or dependant, and may be so recovered, either in whole or in part, by deduction from any amount of pension under this Part payable to the member or dependant.
(2) Subsection (1) does not prevent the recovery of an amount referred to in that subsection otherwise than as provided in that subsection, but an amount shall not be recovered as so provided and also otherwise than as so provided.