Social Welfare Consolidation Act 2005 section 343V

Appeal under section 311

Section 343V deals with what happens when a compensator appeals the amount of recoverable benefits specified in a statement of recoverable benefits, and sets out the consequences depending on whether the stated amount was too high or too low.

• This section applies where a compensator brings an appeal under section 311 against a deciding officer's decision on the amount of recoverable benefits
• If the appeals officer finds the amount in the statement of recoverable benefits was overstated, the Minister must refund the excess to the compensator
• If the appeals officer finds the amount in the statement was understated, the compensator must pay the Minister the shortfall
• The shortfall is calculated as the difference between what the compensator already paid under section 343R and the correct amount of recoverable benefits as determined by the appeals officer