Document ID: chunk:federal_register_of_legislation:C2004A04837:front:0:p14
Version: federal_register_of_legislation:C2004A04837
Segment Type: other
Provision Reference: 
Character Range: 35136–36358

the second lump sum is the period that:

    (d) begins on the day after the last day of the lump sum preclusion period for the first lump sum; and

    (e) ends after the number of weeks specified in subsection (7).

"(6) If none of subsections (3), (4) and (5) applies, the lump sum preclusion period is the period that:

    (a) begins on the day on which the loss of earnings or loss of earning capacity began; and

    (b) ends after the number of weeks specified in subsection (7).

"(7) The number of weeks in the lump sum preclusion period is the number worked out under the following formula:

    Note: For 'compensation part' of lump sum and 'average weekly earnings' see section 5NB.

"(8) If the number worked out under subsection (7) is not a whole number, the number is to be rounded down to the nearest whole number.

LUMP SUM PRECLUSION PERIOD EXAMPLES

Example 1:

Jane is not a member of a couple. She has no dependent children. She is receiving an invalidity service pension at the time when a lump sum compensation award of $11,000 is made to her. The compensation part of this lump sum is $5,500 (see subsection 5NB(7)).

Jane's lump sum preclusion period is:

i.e.  5,500  = 10.3 [rounded down] = 10