Person may have to repay amount where both lump sum and pension have been received
59R Person may have to repay amount where both lump sum and pension have been received
If:
a person receives compensation in the form of a lump sum; and
the person receives payments of a compensation affected pension for any day or days in the lump sum preclusion period;
the Commission may, by written notice to the person, determine that the person is liable to pay to the Commonwealth the amount specified in the notice.
For lump sum preclusion period see subsections 59Q(3) to (7).
The amount specified in the notice is the recoverable amount and is worked out:
if the person receives compensation in the form of a lump sum before 20 March 1997—under subsections (3) and (4); or
if the person receives compensation in the form of a lump sum on or after 20 March 1997—under subsection (5).
If the person receives compensation in the form of a lump sum before 20 March 1997 and:
the person is not a member of a couple; or
the person is a member of a couple and the person’s partner:
is not eligible for a compensation affected pension; or
is not qualified for a compensation affected payment under the Social Security Act;
the recoverable amount is equal to the smaller of:
the compensation part of the lump sum; and
the sum of the pension payments made to the person for the lump sum preclusion period.
If:
the person receives compensation in the form of a lump sum before 20 March 1997; and
the person is a member of a couple; and
the person’s partner:
is eligible for a compensation affected pension; or
is qualified for a compensation affected payment under the Social Security Act;
the recoverable amount is equal to the smaller of:
the compensation part of the lump sum; and
the amount obtained by adding the pension payments made to the person for the lump sum preclusion period to:
the pension payments made to the person’s partner for the lump sum preclusion period; or
the compensation affected payments made under the Social Security Act to the person’s partner for the lump sum preclusion period.
If the person receives compensation in the form of a lump sum on or after 20 March 1997, the recoverable amount is equal to the smaller of:
the compensation part of the lump sum; and
the sum of the payments of the compensation affected pension made to the person for a day or days in the lump sum preclusion period.
This Act’s bill:Second reading speech
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