Document ID: chunk:federal_register_of_legislation:C2004A01011:clause:1_8
Version: federal_register_of_legislation:C2004A01011
Segment Type: clause
Provision Reference: sch 1 cl 8
Character Range: 6396–7474

8  After subsection 59ZG(5)
Insert:

 (5AA) If:
 (a) the person claiming compensation is a member of a couple; and
 (b) the person's partner receives or is eligible for a compensation affected pension, or a compensation affected payment (under the Social Security Act), for a day or days in the lump sum preclusion period in respect of lump sum compensation received by the person on or after 20 March 1997;
the recoverable amount is equal to the smallest of the following amounts:
 (c) the sum of all the payments of compensation affected pension made to the person for the lump sum preclusion period;
 (d) the compensation part of the lump sum payment;
 (e) the maximum amount for which the insurer is liable to indemnify the compensation payer in relation to the matter at any time after receiving:
 (i) a preliminary notice under section 59ZE in relation to the matter; or
 (ii) if the insurer has not received a preliminary notice—the recovery notice under this section in relation to the matter.

Part 3—Amendments concerning entry contributions to retirement villages