New South Wales Consolidated Acts

MOTOR ACCIDENT INJURIES ACT 2017 - SECT 3.20

3.20 Refund of weekly payments paid after return to employment

(1) If, because of a claimant's return to or commencement of employment or a change in employment that affects the claimant's earnings--

(a) the claimant is not entitled under this Division to any weekly payments of statutory benefits that have been paid to the claimant, or

(b) the amount of any weekly payments of statutory benefits that have been paid to the claimant exceeds the amount to which the claimant is entitled under this Division,

the Commission may direct the claimant to refund to the person who made the payments any amount to which the claimant is not entitled in respect of payments during the period of 2 years (or such shorter or longer period as the Commission considers to be appropriate) from the date of payment.

(2) Any such refund may, in accordance with the terms of the direction of the Commission, be deducted from future weekly payments of statutory benefits to the claimant or be recovered as a civil debt under subsection (6).

(3) Without limiting this section, the Commission may give such directions as it thinks fit for the adjustment of weekly payments of statutory benefits to a claimant to take account of any overpayments made to the claimant (whether or not in the circumstances referred to in subsection (1)) in respect of any previous period.

(4) A court before which proceedings for an offence under section 3.18 (Claimant to notify change of circumstances) are taken against a person may, on the application of the Authority (whether or not the person is convicted of the offence), give any direction that it is satisfied the Commission could give under this section as a result of the return to or commencement of employment or change in employment to which the alleged offence relates. The standard of proof that applies in connection with an application under this subsection is proof on the balance of probabilities.

(5) The power conferred on a court by subsection (4) does not authorise the giving of a direction for the adjustment of weekly payments of statutory benefits.

(6) A direction of the Commission or a court under this section is enforceable as a civil debt and may be recovered as such in any court of competent jurisdiction by the person to whom the direction requires payment to be made.

(7) This section does not limit--

(a) any other right of recovery that a person may have against another person in respect of any overpayment of statutory benefits to that other person, or

(b) any agreement between the parties concerned for the refund of any overpayment of statutory benefits.