Document ID: chunk:federal_register_of_legislation:C2025C00186:section:115
Version: federal_register_of_legislation:C2025C00186
Segment Type: section
Provision Reference: s 115
Character Range: 214408–216680

115  Deduction of overpayments of repatriation pensions
 (1A) Where:
 (a) an amount of pension has been paid to a person under the Veterans' Entitlements Act 1986 in respect of the incapacity or death of a veteran who has rendered operational service within the meaning of Part II of that Act; and
 (b) that amount is not payable to that person by virtue of Division 5A of Part II of the Veterans' Entitlements Act 1986;
that amount is recoverable from that person by deducting it from any amounts of compensation payable to that person under this Act in respect of the injury to, or death of, the veteran.
 (1) Where:
 (a) an amount of pension has been paid to a person under the Veterans' Entitlements Act 1986 in respect of the incapacity or death of a member of the Forces, or a member of a Peacekeeping Force, within the meaning of Part IV of that Act; and
 (b) that amount is not payable to that person by virtue of section 74 of that Act;
that amount is recoverable from that person by deducting it from any amounts of compensation payable to that person under this Act in respect of the injury to, or death of, the member.
 (2) For the purposes of subsections (1A) and (1), a person authorised by the Repatriation Commission may, by writing signed by the person, certify that:
 (a) an amount specified in the certificate has been paid by way of pension under the Veterans' Entitlements Act 1986 to a person specified in the certificate;
 (b) that amount was paid in respect of the incapacity or death of a person specified in the certificate;
 (c) the person referred to in paragraph (b) is or was a veteran within the meaning of Part II of that Act or a member of the Forces, or a member of a Peacekeeping Force, within the meaning of Part IV of that Act; and
 (d) by virtue of Division 5A of Part II, or section 74, of that Act, the amount referred to in paragraph (a) is not payable to the person referred to in paragraph (a).
 (3) For the purposes of subsection (1A) or (1), a certificate under subsection (2) is prima facie evidence of the matters certified.
 (4) Nothing in this section prevents the recovery of an amount referred to in subsection (1A) or (1) otherwise than in accordance with that subsection, but such amount shall not be recovered twice.