The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

6.3.5.10 PP & DOP overpayments

Summary

This topic contains information on overpayments of PP and DOP. This topic covers the following matters:

  • PP overpayment prior to 1 July 2000 from pension arrears paid after initial grant payment, and
  • DOP double dipping overpayment.

PP overpayment prior to 1 July 2000 from pension arrears paid after initial grant payment

All arrears of pension payments, other than those at grant, are assessed for non-benefit PPP (1.1.P.50) purposes in the fortnight that the arrears are paid. Under this procedure the recipient may lose the benefit of the PP income free area for each earlier fortnight. They can request a review to have the arrears assessed as if they were received in the fortnight they were derived, taking into account the PP free area for each fortnight of the arrears period.

If the result of the review is an overpayment against the recipient, it should not be raised or recovered. There is no legislative basis for an overpayment in these circumstances, and the original assessment should remain unchanged.

DOP double dipping overpayment

An individual cannot receive DOP if the child in question is receiving a pension under the VEA Part II or IV. Where an individual receives DOP and has claimed or is receiving double war orphans pension from DVA for the child, entitlement to DOP ceases, and an overpayment of DOP can occur for any overlapping periods.

If DVA has a record of the recipient:

  • DOP is cancelled, and
  • any overpayment is calculated from the date of grant of the double war orphan's pension.

If the grant of double war orphan's pension causes an overpayment this amount will be withheld from any DVA payment.

There are a number of reasons that a debt may occur.

Examples: These include:

  • misrepresentation of personal or family circumstances, or
  • non-compliance with notification obligations.

Act reference: SSAct section 1003 DOP not payable for child receiving a pension under the Veterans' Entitlements Act

Policy reference: SS Guide 3.5.2 DOP - qualification & payability

Last reviewed: