Document ID: chunk:federal_register_of_legislation:C2004A04837:section:530:p2
Version: federal_register_of_legislation:C2004A04837
Segment Type: section
Provision Reference: s 530 (pt 2/35)
Character Range: 41059–43894

the lump sum; and

    (d) the amount obtained by adding the pension payments, or (if the person's pension has a dependent child component) the compensation affected component of the pension payments, made to the person for the lump sum preclusion period to:

        (i) the pension payments, or (if the partner's pension has a dependent child component) the compensation affected components of the pension payments, made to the person's partner for the lump sum preclusion period; or

        (ii) the compensation affected payments made under the Social Security Act to the person's partner for the lump sum preclusion period.

LUMP SUM RECOVERABLE AMOUNT AND 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. She receives a lump sum compensation payment of $11,000 relating to an injury. The compensation part of this lump sum is $5,500 (see subsection 5NB(7)). Jane's lump sum preclusion period is 10 weeks:

That period began 6 weeks ago (on the day after Jane's periodic compensation payments ceased). During those 6 weeks, Jane received a total of $688.10 in invalidity service pension payments.

The Commission writes to Jane telling her of the recoverable amount that she is liable to repay to the Commonwealth. Since Jane's situation is covered by subsection (3) the recoverable amount is the smaller of $5,500 (the compensation part of the lump sum payment) and $688.10. Jane will be liable to repay to the Commonwealth $688.10. Because the lump sum compensation preclusion period continues for another four weeks, Jane will receive no further invalidity service pension payments until after the four week period ends.

Example 2:

Martha is a member of a couple. Martha is receiving an invalidity service pension and her partner, Fred, is eligible for partner service pension. They have no dependent children. Martha receives a lump sum compensation payment of $11,000 relating to an injury. The compensation part of this lump sum is $5,500 (see subsection 5NB(7)).

The lump sum preclusion period is 10 weeks:

That period began 6 weeks ago (on the day after Martha's periodic compensation payments ceased). During those 6 weeks, Martha received a total of $688.10 in invalidity service pension payments and Fred received a total of $688.10 in partner service pension payments.

The Commission writes to Martha telling her of the recoverable amount she is liable to repay to the Commonwealth. Since Martha and Fred's situation is covered by subsection (4), the recoverable amount is the smaller of $5,500 (the compensation part of the lump sum

compensation payment) and $1,376.20 (the sum of $688.10 and $688.10). Martha will be liable to repay to the Commonwealth $1,376.20. Because her lump sum preclusion period