SIA or ADB not payable if damages are recovered
11.2.15 SIA or ADB not payable if damages are recovered
1. This section applies if both these conditions are met.
a. But for this section, SIA or ADB would be payable to a member or their resident family in respect of an injury suffered by the member.
b. The member or their resident family recovered, or recovers, damages in respect of the injury.
2. If the member or their resident family recovers damages on or after 9 February 1998, the member or their resident family, as the case requires, must notify the Secretary in writing, within 28 days after the day the damages are recovered, of the recovery of the damages and the amount of damages.
3. If SIA or ADB was paid to the member or their resident family before the damages are recovered, the member or their resident family, as the case requires, must repay an amount equal to the amount (if any) of SIA or ADB that, when added to the amount of SRC compensation (if any) paid to the member or their resident family, does not exceed the amount of the damages.
4. SIA or ADB is not payable to the member or their resident family after the day the member or their resident family recovered, or recovers, the damages.
5. Subsection 3 does not apply if the damages were recovered in proceedings instituted by the member under section 45 of the SRC Act, or by way of a settlement of the proceedings.
6. Subsection 4 does not apply if the damages were recovered in any of these ways.
a. As a result of proceedings begun by the member after making an election under section 45 of the SRC Act.
b. As a result of proceedings begun or taken over by the Commonwealth against a person (other than the Commonwealth, a Commonwealth authority or an employee of the Commonwealth).
c. In a settlement of those proceedings.
7. If a member or their resident family satisfies the Secretary that a part of the damages recovered by the member or their resident family was not in respect of death, permanent impairment or non-economic loss as a result of the injury, this section has effect in relation to that member or their resident family, as the case requires, as if the amount of the damages recovered by the member or their resident family were an amount equal to so much (if any) of the damages as was in respect of death, permanent impairment or non-economic loss as a result of the injury.
8. In this section, damages does not include an amount of damages paid under section 76 of the Veterans' Entitlements Act 1986.
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