Social Welfare Consolidation Act 2005 section 343Q

Period of validity of statements and revised statements of recoverable benefits

Section 343Q sets out the validity periods for statements and revised statements of recoverable benefits, depending on whether benefits have been identified and whether they are currently in payment.

• Where no recoverable benefits have been identified, the statement is valid for 12 months or until a benefit is awarded to the injured person, whichever is earlier.
• Where recoverable benefits have been identified but no specified benefit is currently being paid, the statement is valid for 12 months or until a benefit is awarded or varied, whichever is earlier.
• In all other cases (i.e. benefits identified and in payment), the statement is valid for only 3 months or until a decision is made to vary a benefit, whichever is earlier.
• The recipient of a statement may request a breakdown of how the recoverable benefits amount was calculated, and the Minister must provide this within 4 weeks.