Document ID: chunk:federal_register_of_legislation:C2024C00866:section:59q:p1
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 59Q (pt 1/3)
Character Range: 1102812–1105368

59Q  Pension etc. not payable during lump sum preclusion period

Person not member of a couple
 (1) If:
 (a) a person is eligible for a compensation affected pension; and
 (b) the person is not a member of a couple; and
 (c) the person receives compensation in the form of a lump sum (whether before or after the person became eligible for the pension);
the pension is not payable to the person for any day or days in the lump sum preclusion period.
Note 1: For compensation affected pension see subsection 5NB(1).
Note 2: For lump sum preclusion period see subsections (3) to (7).

Person member of a couple (lump sum received before 20 March 1997)
 (2) If:
 (a) a person is eligible for a compensation affected pension; and
 (b) the person is a member of a couple; and
 (c) before 20 March 1997, the person, or the person's partner, receives compensation in the form of a lump sum (whether before or after the person became eligible for the pension);
the following provisions have effect:
 (d) the pension is not payable to the person for any day or days in the lump sum preclusion period;
 (e) if the person's partner is eligible for a compensation affected pension—that pension is not payable to the partner for any day or days in the lump sum preclusion period.
Note 1: For compensation affected pension see subsection 5NB(1).
Note 2: For lump sum preclusion period see subsections (3) to (7).

Person member of a couple (lump sum received on or after 20 March 1997)
 (2A) If:
 (a) a person is eligible for a compensation affected pension; and
 (b) the person is a member of a couple; and
 (c) on or after 20 March 1997, the person receives compensation in the form of a lump sum (whether before or after the person became eligible for the pension);
the pension is not payable to the person for any day or days in the lump sum preclusion period.
Note 1: For compensation affected pension see subsection 5NB(1).
Note 2: For lump sum preclusion period see subsections (3) to (7).

Lump sum preclusion period
 (3) If a person receives both periodic compensation payments and compensation in the form of a lump sum in respect of lost earnings or lost earning capacity, the lump sum preclusion period is the period that:
 (a) begins on the day following the last day of the periodic payments period or, if there is more than one periodic payments period, the day after the last day of the last periodic payments period; and
 (b) ends after the number of weeks specified in subsection (7).
Note: For periodic payments period see subsection 5NB(1).
 (4) If a